LB 


UC-NRLF 


SB    ED    70S 


GIFT  OF 


STATE  OF  NORTH  DAKOTA 

GENERAL  SCHOOL  LAWS 

Comprising  all  the  Laws  in  Force  Pertaining  to  Public  Schools 


PUBLISHED  BY 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

E.  J.  TAYLOR,  Superintendent 

MARCH  J5,  1911 


Published  by  Authority 


FARGO.    N.   O. 

KNIGHT   PRINTING   COMPANY 
1911 


STATE  OF  NORTH  DAKOTA 

GENERAL  SCHOOL  LAWS 

Comprising  all  the  Laws  in  Force  Pertaining  to  Public  Schools 


PUBLISHED  BY 

DEPARTMENT  OF  PUBLIC  INSTRUCTION 

E.  J.  TAYLOR,  Superintendent 

MARCH  J5, 


Published  by  Authority 


BISMARCK,   N.  D. 

KNIGHT    PRINTING    COMPANY 

1911 


THIS  VOLUME  IS  STATE  PROPERTY. 


And  is  for  the  use  of 

of , School  District  No 

County  of  ..  State  of  North  Dakota. 


School  officers  on  retiring  from  office  are  required  by  law  to  de- 
liver this  volume,  with  all  other  books  and  documents  of  an 
official  character,  to  their  successors  in  office. 


INTRODUCTORY 


This  volume  contains  all  the  school  laws  in  force  pertaining 
to  the  rural,  graded,  consolidated  and  high  schools  of  the  state. 
Hereafter  the  school  laws  will  be  published  in  full  only  once  in 
four  years.  The  next  complete  edition  will  be  published  in 
1915.  County  Superintendents  should  furnish  copies  of  the  school 
laws  only  to  those  entitled  by  law  to  receive  them.  School  of- 
ficers and  others  should  be  instructed  to  preserve  their  copies 
carefully  and  deliver  them  to  their  successors  in  office. 

E.  J.  TAYLOR, 

Supt.  of  Public  Instruction. 
Bismarck,  N.  D. 

March  15,  1911.. 


247907 


CONGRESSIONAL  ENACTMENT 


ORGANIC  LAW. 
NARCOTICS. 

§  75.  The  nature  of  alcoholic  drinks  and  narcotics,  and  special 
instruction  as  to  their  effects  upon  the  human  system,  in  con- 
nection with  the  several  divisions  of  the  subject  of  physiology 
and  hygiene,  shall  be  included  in  the  branches  of  study  taught  in 
the  common  or  public  schools,  and  in  the  military  and  naval 
schools,  and  shall  be  studied  and  taught  as  thoroughly  and  in 
the  same  manner  as  other  like  required  branches  are  in  said 
schools  by  the  use  of  text  books  in  the  hands  of  pupils  iwhere 
other  branches  are  thus  studied  in  said  schools,  and  by  all  pupils 
in  all  said  schools  throughout  the  territories  in  the  military  and 
naval  academies  of  the  United  States  and  in  the  District  of  Colum- 
bia and  in  all  Indian  and  colored  schools  in  the  territories  of  the 
United  States. 

§  76.  It  shall  be  the  duty  of  the  proper  officers  in  control  of 
any  school  described  in  the  foregoing  section  to  enforce  the  pro- 
visions of  this  act;  and  any  such  officer,  school  director,  com- 
mittee, superintendent  or  teacher  who  shall  refuse  or  neglect  to 
comply  with  the  requirements  of  this  act  or  shall  neglect  or  fail 
to  make  proper  provisions  for  the  instruction  required  and  in  the 
manner  specified  by  the  first  section  of  this  act,  for  all  the  pupils 
in  each  and  every  school  under  his  jurisdiction,  shall  be  removed 
from  office  and  the  vacancy  filled  as  in  other  cases. 

§  77.  No  certificate  shall  be  granted  to  any  person  to  teach 
in  the  public  schools  of  the  District  of  Columbia  or  territories, 
after  the  first  day  of  January,  anno  Domini  eighteen  hundred 
and  eighty-eight,  who  has  not  passed,  a  satisfactory  examination 
in  physiology  and  hygiene,  with  special  reference  to  the  nature 
and  effects  of  alcoholic  drinks  and  other  narcotics  upon  the  human 
system. 

Act  of  congress  approved  May  20,  1886. 

RESERVATION  OF  SCHOOL  LANDS. 

§  88.  Sections  numbered  sixteen  and  thirty-six  in  each  town- 
ship of  the  territories  of  *  *  *  Dakota  *  *  *  shall  be 
reserved  for  the  purpose  of  being  applied  to  schools  in  the  several 
territories  herein  named,  and  in  the  states  and  territories  here- 
after to  be  erected  out  of  the  same. 

Section  1846  R,  S.  U.  S.,  1874,  approved  March  2,  1861.  (See, 
also,  Enabling  Act,  section  10,  post.) 


GENERAL   SCHOOL  LAWS 


ENABLING  ACT. 

[Approved  February  22,  1889.] 

§  4.  PROVIDING  FOR  THE  CONSTITUTIONAL  CONVENTIONS  FOR  NORTH 
DAKOTA,  SOUTH  DAKOTA,  MONTANA  AND  WASHINGTON.]  And  said 
convention  shall  provide  by  ordinances  irrevocable  without  the 
consent  of  the  United  States  and  the  people  of  said  states : 

Fourth.  That  provision  shall  be  made  for  the  establishment 
and  maintenance  of  systems  of  public  schools,  which  shall  be 
open  to  all  children  of  said  states,  and  free  from  sectarian  control. 

§  10.  That  upon  the  admission  of  each  of  said  states  into 
the  union,  sections  numbered  sixteen  and  thirty-six  in  every  town- 
ship of  said  proposed  states,  and  where  such  sections  or  any  parts 
thereof  have  been  sold  or  otherwise  disposed  of  by  or  under  the 
authority  of  any  act  of  congress,  other  lands  equivalent  thereto, 
in  legal  subdivisions  of  not  less  than  one-quarter  section 
are  hereby  granted  to  said  states  for  the  support  of  common 
schools. 

§  11.  That  all  lands  herein  granted  for  educational  purposes 
shall  be  disposed  of  only  at  public  sale,  and  at  a  price  not  less 
than  $10  per  acre,  the  proceeds  to  constitute  a  permanent  school 
fund,  the  interest  of  which  only  shall  be  expended  in  the  support 
of  said  schools.  But  said  lands  may,  under  such  regulations 
as  the  legislature  shall  prescribe,  be  leased  for  periods  of  not 
more  than  five  years,  in  quantities  not  exceeding  one  section  to 
any  one  person  or  company,  and  such  -lands  shall  not  be  subject 
to  pre-emption,  homestead  entry,  or  any  other  entry  under  the 
land  laws  of  the  United  States,  whether  surveyed  or  unsurveyed, 
but  shall  be  reserved  for  school  purposes  only. 

§  13.  That  five  per  centum  of  the  proceeds  of  the  sales  of 
public  lands  lying  within  said  states  which  shall  be  sold  by  the 
United  States  subsequent  to  the  admission  of  said  states  into  the 
union,  after  deducting  all  expenses  incident  to  the  same,  which 
shall  be  paid  to  the  said  states,  to  be  used  as  a  permanent  fund, 
the  interest  of  which  only  shall  be  expended  for  the  support  of 
common  schools  within  said  states,  respectively. 

§  14.  That  the  lands  granted  to  the  territories  of  Dakota  and 
Montana  by  the  act  of  February  18,  1881,  *  *  *  are  hereby 
vested  in  the  states  of  South  Dakota,  North  Dakota  and  Montana 
respectively,  *  *  *  to  the  extent  of  the  full  quantity  of  sev- 
enty-two sections  to  each  of  said  states,  *  *  *  but  said  act 
-of  February  18,  1881,  shall  be  so  amended  as  to  provide  that 
none  of  said  lands  shall  be  sold  for  less  than  $10  per  acre,  and 
the  proceeds  shall  constitute  a  permanent  fund  to  be  safely  in- 
vested and  held  by  said  states  severally,  and  the  income  thereof 
be  used  exclusively  for  university  purposes.  None 

of  the  lands  granted  in  this  section  shall  be  sold  at  less  than  $10 
per  acre ;  but  said  lands  may  be  leased  in  the  same  manner  as 


STATE   OF   NORTH    DAKOTA 


provided  in  section  11  of  this  act.  The  schools,  colleges  and 
universities  provided  for  in  this  act  shall  forever  remain  under 
the  exclusive  control  of  the  said  states,  respectively,  and  no  part 
of  the  proceeds  arising  from  the  sale  or  disposal  of  any  lands 
herein  granted  for  educational  purposes  shall  be  used  for  the 
support  of  any  sectarian  or  denominational  school,  college,  or 
university.  *  *  * 

§  16.  That  90,000  acres  of  land,  to  be  selected  and  located  as 
provided  in  section  10  of  this  act,  are  hereby  granted  to  each  of 
said  states,  except  to  the  state  of  South  Dakota,  to  which  120,000 
acres  are  granted,  for  the  use  and  support  of  agricultural  colleges 
in  said  states,  as  provided  in  the  acts  of  congress  making  dona- 
tions of  lands  for  such  purpose. 

§  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  states  by  the  eighth  section  of  the  act 
of  September  4,  1841,  which  act  is  hereby  repealed  as  to  the 
states  provided  for  by  this  act,  and  in  lieu  of  any  claim  or  de- 
mand by  the  said  states,  or  either  of  them,  under  the  act  of 
September  28,  1850,  and  section  2479  of  the  revised  statutes, 
making  a  grant  of  swamp  and  overflowed  lands  to  certain  states, 
which  grant  it  is  hereby  declared  is  not  extended  to  the  states 
provided  for  in  this  act,  and  in  lieu  of  any  grant  of  saline  lands 
to  said-  states,  the  following  grants  of  lands  are  hereby  miade, 
to- wit : 

To  the  State  of  South  Dakota:  For  the  school  of  mines,  40,000 
acres ;  for  the  reform  school  40,000  acres ;  for  the  deaf  and  dumb 
asylum,  40,000  acres ;  for  the  agricultural  college,  40,000  acres ;  for 
the  university,  40,000  acres;  for  the  state  normal  schools,  80,000 
acres;  for  public  buidings  at  the  capital  of  said  state,  50,000 
acres,  and  for  such  other  educational  and  charitable  purposes  as 
the  legislature  of  said  state  may  determine,  170,000  acres;  in  all 
500,000  acres. 

To  the  State  of  North  Dakota  a  like  quantity  of  land  as  in  this 
section  granted  to  the  state  of  South  Dakota  and  to  be  for  like 
purposes,  and  in  like  proportion  as  far  as  practicable. 


CONSTITUTIONAL  PROVISIONS 

[Adopted  October  1,  1889] 


PREAMBLE. 

We  the  people  of  North  Dakota,  grateful  to  Almighty  Grod  for 
the  blessings  of  civil  and  religious  liberty,  do  ordain  and  es- 
tablish this  Constitution. 

ARTICLE  II. 

THE  LEGISLATIVE  DEPARTMENT. 

§  69.     The  legislative  assembly  shall  not  pass  local  or  special 

laws  in  any  of  the  following  enumerated  cases,  that  is  to  say: 

******** 

12.     Providing  for  the  management  of  common  schools. 

ARTICLE  III. 

§  82.  There  shall  be  chosen  by  the  qualified  electors  of  the 
state  at  the  time  and  places  of  choosing  members  of  the  legisla- 
tive assembly  a  *  superintendent  of  public  instruction 
*  who  shall  have  attained  the  age  of  twenty-five  years, 
shall  be  a  citizen  of  the  United  States,  and  shall  have  the  quali- 
fications of  state  electors.  They  shall  severally  hold  their  offices 
at  the  seat  of  government  for  the  term  of  two  years,  and  until 
their  successors  are  elected  and  duly  qualified. 

§  83.  The  powers  and  duties  of  the  *  *  superintendent 

of  public  instruction,  *  *  *  shall  be  as  prescribed  by  law. 

§  84.  Until  otherwise  provided  by  law,  the  *  *  superin- 
tendent of  public  instruction,  shall  each  receive  an  annual 
salary  of  $2,000;  *  *  but  the  salary  of  any  of  said  officers 
shall  not  be  increased  or  diminished  during  the  period  for  which 
they  shall  have  been  elected,  and  all  fees  and  profits  arising  from 
any  of  the  said  offices  shall  be  covered  into  the  state  treasury. 

ARTICLE  V. 

ELECTIVE  FRANCHISE. 

§  121.  AMENDED.]  Every  male  person  of  the  age  of  twenty- 
one  years  or  upwards  belonging  to  either  of  the  following  classes, 
who  shall  have  resided  in  the  state  one  year,  and  in  the  county 


STATE    OF   NORTH    DAKOTA 


six  months,  and  in  the  precinct  ninety  days  next  preceding  any 
election,  shall  be  deemed  a  qualified  elector  at  such  election. 

First — Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent  who  shall  have 
severed  their  tribal  relations  two  years  next  preceding  such  elec- 
tion. 
(See  sec.  480  Revised  Codes,  also  State  v.  Denoyer,  6  N.  D.  586.) 

§  123.  Electors  shall  in  all  cases  except  treason,  felony,  breach 
of  the  peace  or  illegal  voting,  be  privileged  from  arrest  on  the 
days  of  election  during  their  attendance  at,  going  to  and  re- 
turning from  such  election,  and  no  elector  shall  be  obliged  to  per- 
form military  duty  on  the  day  of  election  except  in  time  of  war 
or  public  danger. 

§  125.  No  elector  shall  be  deemed  to  have  lost  his  residence 
in  this  state  by  reason  of  his  absence  on  business  of  the  United 
States  or  of  this  state,  or  in  the  military  or  naval  service  of  the 
United  States. 

§  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of 
the  United  States  shall  be  deemed  a  resident  of  this  state  in  con- 
sequence of  his  being  stationed  therein. 

§  127.  AMENDED.]  No  person  who  is  under  guardianship, 
non  compos  mentis  or  insane,  shall  be  qualified  to  vote  at  any 
election ;  nor  shall  any  person  convicted  of  treason  or  felony,  un- 
less restored  to  civil  rights ;  and  the  legislature  shall  by  law  estab- 
lish an  educational  test  as  a  qualification,  and  may  prescribe 
penalties  for  failing,  neglecting  or  refusing  to  vote  at  any  general 
election. 

§  128.  Any  woman  having  the  qualifications  enumerated  in  sec- 
tion 121  of  this  article  as  to  age,  residence  and  citizenship,  and 
including  those  now  qualified  by  the  laws  of  the  territory,  may 
vote  for  all  school  officers,  and  upon  all  questions  pertaining 
solely  to  school  matters,  and  be  eligible  to  any  school  office. 

§  129.  All  elections  by  the  people  shall  be  by  secret  ballot 
subject  to  such  regulations  as  shall  be  provided  by  law. 

ARTICLE  VIII. 

EDUCATION. 

§  147.  A  high  degree  of  intelligence,  patriotism,  integrity  and 
morality  on  the  part  of  every  voter  in  a  government  by  the 
people  being  necessary  in  order  to  insure  the  continuance  of  that 
government  and  the  prosperity  and  happiness  of  the  people,  the 
legislative  assembly  shall  make  provision  for  the  establishment 
and  maintenance  of  a  system  of  public  schools  which  shall  be 
open  to  all  children  of  the  state  of  North  Dakota  and  free  from 
sectarian  control.  The  legislative  requirements  shall  be  inv vo- 
cable without  the  consent  of  the  United  States  and  the  people  of 
North  Dakota. 


10  GENERAL   SCHOOL  LAWS 

§  148.  The  legislative  assembly  shall  provide  at  its  first  ses- 
sion after  the  adoption  of  this  Constitution  for  a  uniform  system 
of  free  public  schools  throughout  the  state ;  beginning  with  the 
primary  and  extending  through  all  grades  up  to  and  including 
the  normal  and  collegiate  course. 

§  149.  In  all  schools  instruction  shall  be  given  as  far  as  prac- 
ticable, in  those  branches  of  knowledge  that  tend  to  impress 
upon  the  mind  the  vital  importance  of  truthfulness,  temperance, 
purity,  public  spirit,  and  respect  for  honest  labor  of  every  kind. 

§  150.  A  superintendent  of  schools  for  each  county  shall  be 
elected  every  two  years,  whose  qualifications,  duties,  powers  and 
compensation  shall  be  fixed  by  law. 

§  151.  The  legislative  assembly  shall  take  such  other  steps 
as  may  be  necessary  to  prevent  illiteracy,  secure  a  reasonable  de- 
gree of  uniformity  in  course  of  study  and  to  promote  industrial, 
scientific  and  agricultural  improvement. 

§  152.  All  colleges,  universities  and  other  educational  insti- 
tutions, for  the  support  of  which  lands  have  been  granted  to  this 
state,  or  which  are  supported  by  'a  public  tax,  shall  remain  under 
the  absolute  and  exclusive  control  of  the  state.  No  money  raised 
for  the  support  of  the  public  schools  of  the  state  shall  be  appro- 
priated to  or  used  for  the  support  of  any  sectarian  school. 


TWELFTH  LEGISLATIVE  ASSEMBLY 
STATE  OF  NORTH  DAKOTA 


CHAPTER  266. 

[S.  B.  No.  60— Talcott] 


AN  ACT  To  Provide  a  System  of  Free  Public  Schools  for  the  State 
of  North  Dakota  and  to  Eepeal  Sections  747,  748,  749,  750,  751,  752, 
753,  754,  755,  756,  757,  758,  759,  760,  761,  762,  763,  764,  765,  766, 
767,  768,  769,  770,  771,  772,  773,  774,  775,  776,  777,  778,  779,  780, 
781,  782,  783,  784,  785,  786,  787,  788,  789,  790,  791,  792,  793,  794, 
795,  796,  797,  798,  799,  800,  801,'  802,  803,  804,  805,  806,  807,  808, 
809,  810,  811,  812,  813,  814,  815,  816,  817,  818,  819,  820,  821,  822, 
823,  824,  825,  826,  827,  828,  829,  830,  831,  832,  833,  834,  835,  836, 
837,  838,  839,  840,  841,  842,  843,  844,  845,  846,  847,  848,  849,  850, 
851,  852,  853,  854,  855,  856,  857,  858,  859,  860,  861,  862,  863,  864, 
865,  866,  867,  868,  869,  870,  871,  872,  873,  874,  875,  876,  877,  878, 
879,  880,  881,  882,  883,  884,  885,  886,  887,  888,  889,  890,  891,  892, 
893,  894,  895,  896,  897,  898,  899,  900,  901,  902,  903,  904,  905,  906, 
907,  908,  909,  910,  911,  912,  913,  914,  915,  916,  917,  918,  919,  937, 
938,  939,  940,  941,  942,  943,  944,  945,  946,  947,  948,  949,  950,  951, 
952,  953,  954,  955 "  956,  957,  958,  959,  960,  961,  962,  963,  964,  965, 
966,  967,  968,  969,  970,  971,  972,  973,  974,  975,  976,  977,  978,  979, 
980,  981,  982,  '983,  984,  985,  986,  98J,  988,  989,  990,  991,  992  993, 
994,  995,  996,  997,  998,  999,  1000,  1001,  1002,  1003,  1004,  1005,  1006, 
1007,  1008,  1009,  1010,  1011,  1012,  1013,  1014,  1015,  1016,  1017,  1018, 
1019,  1020,  1021,  1022,  1023,  1024,  1025,  1026,  1027,  1028,  1029,.  and 
Section  1038  of  the  Bevised  Codes  of  1905  With  Any  and  All  Amend- 
ments Thereto,  and  also  Chapters  49,  98,  100,  103,  124,  153  and  201  of 
the  Session  Laws  of  1909. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota : 
ARTICLE  I.— SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

§  1.  QUALIFICATIONS  OF,  TERM  OF  OFFICE.]  There  shall  be  elected 
by  the  qualified  electors  of  the  state  at  the  time  of  choosing  mem- 
bers of  the  legislative  assembly,  a  superintendent  of  public  instruc- 
tion, who  shall  have  attained  the  age  of  twenty-five  years,  who 
shall  have  the  qualifications  of  an  elector  for  that  office,  and  be 
the  holder  of  a  teacher's  certificate  of  the  highest  grade,  issued 
in  this  state.  He  shall  hold  his  office  at  the  seat  of  government 
for  the  term  of  two  years,  commencing  on  the  first  Monday  in 
January  following  his  election,  and  until  his  successor  is  elected 
and  qualified. 

§  2.  To  PRESERVE  MISCELLANEOUS  DOCUMENTS.]  He  shall  pre- 
serve  in  his  office  all  books,  maps,  charts,  works  on  education, 
school  reports  and  school  laws  of  other  states  and  cities,  plans 
for  school  buildings  and  other  articles  of  educational  interest 
and  value  which  may  come  into  his  possession  as  such  officer, 


12  GENERAL  SCHOOL  LAWS 

and  at  the  expiration  of  his  term  he  shall  deliver  them  together 
with  the  reports,  statements,  records  and  archives  of  his  office 
to  his  successor. 

§  3.  SUPERVISION  OF  SCHOOLS.]  He  shall  have  the  general 
supervision  of  the  public  schools  of  the  state  and  shall  be  ex- 
officio  a  member  of  the  board  of  university  and  school  lands  and 
of  the  normal  school  board  of  the  state. 

§    4.      TO    FURNISH    SCHOOL    SUPPLIES,     BLANKS,    ETC.]       He     shall 

prepare,  cause  to  be  printed  and  furnished  to  the  proper  officers 
or  persons  all  district  clerks'  record  books  and  warrant  books, 
school  treasurers'  record  books,  school  registers,  reports,  state- 
ments, notices  and  returns  needed  or  required  to  be  used  in  the 
schools  or  by  the  schools  officers  of  the  state.  He  shall  prepare 
and  furnish  to  school  officers,  through  the  county  superintendents, 
lists  of  publications  approved  by  him  as  suitable  for  district 
libraries ;  such  lists  shall  contain  also  the  lowest  price  at  which 
each  publication  can  be  purchased  and  such  other  information 
relative  to  the  purchase  of  district  libraries  as  he  may  deem 
requisite. 

§  5.  PRESCRIBE  COURSE  OF  STUDY.]  He  shall  prepare  and  pre- 
scribe a  course  of  study  for  all  the  common  schools  of  the  state. 

§  6.  ADVISE  COUNTY  SUPERINTENDENTS.]  He  shall  counsel  with 
and  advise  county  superintendents  and  boards  of  education  in 
special  or  independent  school  districts  upon  all  matters  involving 
the  welfare  of  schools  and  he  shall,  when  requested,  give  them 
written  answers  to  all  questions  concerning  the  school  law.  He 
shall  decide  all  appeals  from  the  decision  of  the  county  super- 
intendents and  may  for  such  decisions  require  affidavits,  or 
verified  statements  or  sworn  testimony  as  to  the  facts  in  issue. 
He  shall  prescribe  and  cause  to  be  enforced,  rules  of  practice 
and  regulations  pertaining  to  the  hearing  and  determination  of 
appeals  and  necessary  for  carrying  into  effect  the  school  laws- 
of  the  state. 

§  7.  CONFERENCE  WITH  COUNTY  SUPERINTENDENTS.]  He  shall 
meet  with  any  or  all  of  the  county  superintendents  of  the  state 
at  such  time  and  place  as  he  shall  appoint,  giving  them  due  notice 
of  such  meeting,  and  it  shall  be  their  duty  to  attend  such  meet- 
ings. The  object  of  such  meetings  shall  be  to  accumulate  valu- 
able facts  relative  to  schools,  to  compare  views,  to  discuss  prin- 
ciples, to  hear  discussions  and  suggestions  relative  to  the  exam- 
inations and  qualifications  of  teachers,  methods  of  instruction, 
text  books,  institutes,  visitation  of  schools  and  other  matters 
relating  to  the  public  schools. 

§  8.  EULES  FOR  TEACHERS'  INSTITUTES.]  He  shall  prescribe  rules 
and  regulations  for  the  holding  of  teachers'  institutes  and 
teachers'  training  schools,  and  after  counseling  and  advising 
with  the  -county  superintendent  shall  appoint  conductors  and 
assistants  therefor.  He  shall  prescribe  the  course  of  instruction 
for  teachers'  institutes  and  for  teachers'  training  schools. 


STATE    OF   NORTH    DAKOTA  13 

§  9.  To  ASSIST  AT  TEACHERS'  INSTITUTES.]  He  shall  when  prac- 
ticable, attend  and  assist  at  teachers'  institutes  and  aid  and 
encourage  generally,  teachers  in  qualifying  themselves  for  the 
successful  discharge  of  their  duties;  he  shall  labor  faithfully  in 
all  practicable  ways  for  the  welfare  of  the  public  schools  of  the 
state,  and  shall  perform  such  other  duties  as  shall  be  required  of 
him  by  law. 

§  10.  RECORD  OF  OFFICIAL  ACTS.]  He  shall  keep  a  complete 
record  of  all  his  official  acts  and  shall  file  in  his  office  all  appeals 
and  the  papers  pertaining  thereto. 

§  11.  SEAL.]  He  shall  provide  and  keep  a  seal  by  which  all 
his  official  acts  may  be  authenticated. 

§  12.  BIENNIAL  REPORT,  WHAT  TO  CONTAIN.]  He  shall,  on  or 
before  the  first  day  of  November  preceding  the  biennial  session 
of  the  legislative  assembly,  make  and  transmit  to  the  governor  a 
report  showing: 

1.  The  number  of  school  districts,  schools,  teachers  employed 
and  pupils   taught  therein   and  the   attendance   of  pupils   and 
studies  pursued  by  them. 

2.  The  financial  condition  of  the  schools,  their  receipts,  and 
expenditures,  value  of  school  houses  and  property,  cost  of  tuition 
and  salary  of  teachers. 

3.  The  condition,  educational  and  financial,  of  the  normal  and 
higher  institutions  connected  with  the  school  system  of  the  state 
and  as  far  as  it  can  be  ascertained,  of  the  private  schools,  acad- 
emies and  colleges  of  the  state. 

4.  Such   general  matters,  information   and  recommendations 
relating  to  the  educational  interests  of  the  state,  as  he  may  deem 
important. 

§  13.  REPORTS  TO  BE  PRINTED.]  Three  thousand  copies  of  the 
report  of  the  superintendent  of  public  instruction  shall  be 
printed  biennially  in  the  month  of  December  preceding  the 
session  of  the  legislative  assembly.  One  copy  shall  be  furnished 
to  each  of  the  members  of  the  legislative  assembly,  five  to  each 
state  educational  institution,  one  copy  to  each  county  superin- 
tendent of  the  state,  one  copy  to  the  president  of  each  school 
board,  one  copy  to  each  state  officer,  one  copy  to  each  state  and 
territorial  superintendent,  and  twenty  copies  shall  be  filed  in  the 
office  of  the  superintendent  of  public  instruction  and  ten  copies 
in  the  state  library.  Copies  may  be  distributed  among  the  var- 
ious colleges,  universities,  and  libraries  of  the  United  States. 

§  14.  SCHOOL  LAWS  TO  BE  PRINTED.]  He  shall  in  the  year  1911, 
and  every  four  years  thereafter,  cause  to  be  printed,  the  school 
laws  of  the  state,  with  such  notes  and  decisions  thereon  as  may 
seem  to  him  advisable,  and  shall  furnish  them  through  the 
office  of  the  county  superintendent  of  schools,  to  the  school 
officers  of  the  state,  and  to  public  libraries  within  the  state.  At 
the  close  of  any  biennial  session  of  the  legislature  he  shall  pub- 


14  GENERAL    SCHOOL  LAWS 

lish  in  pamphlet  form  the  laws  pertaining  to  education  enacted 
at  that  session  and  shall  distribute  them  as  provided  for  the 
distribution  of  the  school  laws. 

§  15.  PUBLICATION  OF  PROCEEDINGS  OF  EDUCATIONAL  ASSOCIATION.] 
The  state  superintendent  of  public  instruction  is  hereby  authorized 
and  required  to  publish  annually,  as  public  matter,  not  to  exceed 
one  thousand  five  hundred  copies  of  the  proceedings  of  the  North 
Dakota  Educational  Association,  the  same  to  be  distributed 
throughout  the  state  by  the  department  of  public  instruction; 
provided,  that  a  copy  of  the  proceedings  of  said  association  shall 
be  filed  by  the  secretary  or  other  officer  of  said  association  with 
the  superintendent  of  public  instruction,  on  or  before  the  first 
day  of  February  of  each  year. 

§  16.  SALARY.  TRAVELING  EXPENSES.]  He  shall  receive  an 
annual  salary  of  three  thousand  dollars  and  in  addition  thereto 
his  actual  and  necessary  traveling  expenses  incurred  in  the  dis- 
charge of  his  official  duties,  not  exceeding  one  thousand  two 
hundred  dollars  in  any  one  year,  such  expenses  to  be  paid 
monthly  on  the  warrant  of  the  state  auditor  upon  his  filing  with 
such  auditor  an  itemized  statement  of  such  expenses  properly 
verified.  The  state  superintendent  may  appoint  a  deputy  for 
whose  official  acts  he  shall  be  responsible.  He  may  also  appoint 
an  assistant  whose  duty  shall  be  to  assist  the  state  superintendent 
in  visiting  schools,  institutes,  attending  school  officers'  meetings 
and  to  perform  such  other  duties  as  the  state  superintendent 
may  direct.  The  state  superintendent  may  also  appoint  such 
clerks  as  shall  be  necessary  in  carrying  on  the  work  of  his  de- 
partment. 

ARTICLE  II.— COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

§  17.  ELECTION,  TERM  OF  OFFICE.]  There  shall  be  elected  in 
each  organized  county,  at  the  same  time  other  county  officers 
are  elected,  a  county  superintendent  of  schools,  whose  term  of 
office  shall  be  two  years,  commencing  on  the  first  Monday  in 
January  following  his  election,  and  until  his  successor  is  elected 
and  qualified. 

§  18.  QUALIFICATIONS  OF.]  No  person  shall  be  deemed  qualified 
for  the  office  of  county  superintendent  in  any  county,  who  is  not 
a  graduate  of  some  reputable  normal  school  or  higher  institution 
of  learning,  or  does  not  hold  at  least  a  second  grade  professional 
certificate,  and  who  has  not  had  at  least  two  years'  successful 
experience  in  teaching,  one  year  of  which  shall*  have  been  in 
this  state. 

§  19.  GENERAL  DUTIES.]  The  county  superintendent  of  schools 
shall  have  the  general  superintendence  of  the  common  schools 
in  his  county,  except  those  in  districts  which  employ  a  city  sup- 
erintendent of  schools. 

§  20.  GENERAL  DUTIES,  VISITS.]  He  shall  visit  each  common 
school  at  least  once  each  year  and  carefully  observe  the  condi- 


STATE   OF   NORTH    DAKOTA  15 

tion  of  the  school,  the  mental  and  moral  instruction  given,  the 
methods  of  teaching  employed  by  the  teacher,  the  teachers'  abil- 
ity, and  the  progress  of  the  pupils.  He  shall  advise  and  direct 
the  teachers  in  regard  to  the  instruction,  classification,  govern- 
ment and  discipline  of  the  school  and  the  course  of  study.  He 
shall  keep  a  record  of  such  visits  and  by  memoranda  indicate 
his  judgment  of  the  teachers'  ability  to  teach  and  govern,  and 
the  condition  and  progress  of  the  school,  which  shall  be  open  to 
inspection  by  any  school  director. 

§  21.  GENERAL  DUTIES,  BLANKS,  TEACHERS'  MEETINGS.]  He  shall 
carry  into  effect  all  instructions  of  the  superintendent  of  public 
instruction  given  within  his  authority.  He  shall  distribute  to 
the  proper  officers  and  to  teachers  all  blanks  furnished  him  by 
such  superintendent,  and  needed  by  such  officers  and  teachers. 
Acting  under  the  instructions  of  the  superintendent  of  public 
instruction,  he  may,  convene  the  teachers  of  his  county  not  to 
exceed  one  Saturday  in  each  month  during  which  the  public 
schools  are  in  progress,  or  if  the  distance  is  too  great  he  may 
convene  the  teachers  of  two  or  more  districts  in  each  of  the 
several  portions  of  his  county  in  county  or  district  meetings,  for 
professional  instruction  and  for  such  other  work  as  may  be 
approved  by  the  superintendent  of  public  instruction.  Each 
teacher  shall  attend  the  full  sessions  of  such  meetings  when 
required,  and  participate  in  the  exercise  thereof,  or  forfeit  one 
day's  wages  for  each  day's  absence  therefrom,  unless  such  absence 
is  occasioned  by  sickness  of  the  teacher  or  others  to  whom  his 
attention  is  due ;  but  when,  on  account  of  distance  or  otherwise, 
it  would  impose  a  hardship  upon  any  teacher  to  attend,  or  would 
cause  such  teacher  to  neglect  his  school,  the  county  superintend- 
ent may  excuse  such  teacher  from  attendance. 

§  22.  MEETINGS  WITH  SCHOOL  OFFICERS.]  He  may  arrange  for 
meetings  with  school  officers  at  designated  times  and  places,  due 
notice  of  which  has  been  given,  for  the  purpose  of  inspecting  the 
district  records  and  instructing  in  the  manner  of  keeping  the 
same,  and  of  preparing  the  reports  of  district  officers.  He  shall 
visit  the  officers  of  the  several  school'  districts  as  often  as  may 
be  necessary  to  secure  the  correct  keeping  of  the  records. 

§  23.  ANNUAL  MEETING  OF  SCHOOL  OFFICERS.]  He  shall  convene 
the  members  and  clerks  of  the  school  boards  in  his  county,  or 
such  representatives  of  the  school  officers  of  each  district  as  the 
president  or  members  of  the  school  boards  may  appoint,  in  case 
he  or  they  cannot  attend  personally,  for  the  purpose  of  discus- 
sing plans  and  methods  for  the  improvement  and  general  care 
of  the  schools;  provided,  further,  such  general  meeting  shall 
not  occur  more  than  once  in  each  year. 

§  24.  RECORD  OF  OFFICIAL  ACTS.]  He  shall  keep  a  record  of 
all  his  official  acts,  and  shall  preserve  all  books,  maps,  charts, 
and  apparatus  sent  him  as  a  school  officer,  or  belonging  to  his 


16  GENERAL  SCHOOL  LAWS 

office.  He  shall  file  all  reports  and  statements  from  teachers  and 
school  boards  and  shall  turn  them  over  to  his  successors  in 
office.  He  shall  be  provided  with  a  seal  by  which  his  official  acts 
may  be  authenticated. 

§  25.  PREPARE  MAPS.]  He  shall,  on  or  before  the  first  day 
of  April  of  each  year,  prepare  and  furnish  to  the  several  asses- 
sors of  the  county  a  correct  sectional  map  of  their  respective 
districts,  snowing  the  boundaries  and  names  or  numbers  of  all 
school  districts  therein. 

§  26.  FILE  LISTS.]  Immediately  after  the  July  meeting  of  the 
school  boards,  the  county  superintendent  shall  file  with  the 
county  auditor  and  the  county  treasurer  a  list  of  the  names  of 
all  persons  chosen  as  presidents  and  clerks  of  the  several  school 
boards  in  his  county. 

§  27.  APPORTIONMENT  OP  STATE  TUITION  FUND.]  He  shall  make 
apportionment  of  the  state  tuition  fund  among  the  school  cor- 
porations of  the  county,  as  provided  in  this  chapter. 

§  28.  OFFICE,  POSTAGE  AND  STATIONERY.]  He  may  provide  for 
himself  a  suitable  office  for  the  transaction  of  official  business 
when  not  provided  therewith  by  the  county  commissioners,  and 
sueh  commissioners  shall  audit  and  pay  his  reasonable  accounts 
for  the  use  and  furniture  of  such  office.  They  shall  also  furnish 
him  with  all  necessary  books,  stationery  and  postage. 

§  29.  To  DECIDE  QUESTIONS  OF  CONTROVERSY.]  He  shall  decide 
all  matters  in  controversy  arising  in  his  county  in  the  adminis- 
tration of  the  school  law  or  appealed  to  him  from  the  decision 
of  school  officers  or  boards.  An  appeal  may  be  taken  from  his 
decision  to  the  superintendent  of  public  instruction,  in  which 
case  a  full  written  statement  of  the  facts,  together  with  the 
testimony  and  his  decision  in  the  case  shall  be  certified  to  the 
superintendent  of  public  instruction  for  his  decision  in  the  mat- 
ter, which  decision  shall  be  final,  subject  to  adjudication  or  the 
proper  legal  remedies  in  the  courts. 

§  30.  POWER  TO  ADMINISTER  OATHS.]  He  shall  have  power  to 
administer  the  oath  of  office  to  all  subordinate  school  officers, 
and  to  witnesses  and  to  examine  them  under  oath  in  all  contro- 
versies pending  before  him  arising  in  the  administration  of  the 
school  laws;  but  he  shall  not  receive  pay  for  administering  such 
oath. 

§  31.  REPORT  DELINQUENT  TEACHERS,  WHEN.]  He  shall  see  to 
it  that  the  pupils  are  instructed  in  the  several  branches  of  study 
required  by  law  to  be  taught  in  the  schools,  as  far  as  they  are 
qualified  to  pursue  them.  If  any  teacher  neglects  or  refuses  to 
give  instruction  as  required  by  law  in  physiology  and  hygiene 
and  the  nature  and  effect  of  alcoholic  drinks  and  other  narcotics, 
the  county  superintendent  shall  promptly  notify  the  secretary 
of  the  board  of  examiners. 

§  32.  REPORT  OF  STATE  SUPERINTENDENT.]  He  shall,  on  or  be- 
fore the  fifteenth  day  of  September  in  each  year,  make  and 


STATE   OF   NORTH    DAKOTA  17 

transmit  a  report  to  the  superintendent  of  public  instruction, 
containing  such  statistics,  items  and  statements  relative  to  the 
schools  of  the  county,  as  may  be  required  by  such  superintend- 
ent. Such  report  shall  be  made  upon  and  conform  to  the  blanks 
furnished  by  the  superintendent  of  public  instruction  for  that 
purpose.  He  shall  not  be  paid  his  salary  for  the  last  month  of 
his  official  year  until  he  presents  to  the  county  commissioners 
the  receipt  of  the  superintendent  of  public  instruction  for  such 
annual  report. 

§  33.  DEPUTIES.  How  APPOINTED.  SALARY.]  In  counties  hav- 
ing fifty  or  more  schools,  the  county  superintendent  may  appoint 
an  office  deputy,  for  whose  acts  as  such  he  shall  be  responsible, 
which  deputy  shall  be  entitled  to  a  salary  equal  to  fifty  per  cent 
of  the  county  superintendent's  salary,  provided,  that  in  counties 
having  150  or  more  schools,  the  county  superintendent  shall  be 
allowed  one  deputy  for  each  100  schools  or  major  fraction  thereof 
under  the  supervision  of  said  superintendent.  Such  deputies 
shall  be  for  the  purpose  of  assisting  the  county  superintendent 
in  visiting  schools  and  in  the  general  supervision  of  the  educa- 
tional work  of  the  county.  They  shall  possess  the  qualifications 
of  the  county  superintendent  of  schools  specified  in  section  18 
of  this  chapter  and  shall  each  receive  a  salary  of  two  hundred 
(200)  dollars  per  annum  in  excess  of  that  paid  to  the  office 
deputy. 

§  34.  SALARY  AND  EXPENSES.]  The  county  superintendent  of 
schools  shall  receive  an  annual  salary  equal  to  that  paid  to  the 
register  of  deeds  of  his  county,  which  salary  shall  be  paid 
monthly  on  the  warrant  of  the  county  auditor  on  the  county 
treasurer,  and  in  addition  thereto  he  shall  receive  ten  cents  per 
mile  for  the  distance  actually  and  necessarily  traveled  by  him 
or  his  field  deputy  in  the  discharge  of  his  duties  within  the  county 
and  in  attendance  at  meetings  of  county  superintendents  called 
by  the  superintendent  of  public  instruction  as  provided  by  law. 
He  shall  at  the  end  of  every  three  months  make  and  furnish  to 
the  county  commissioners  an  itemized  statement  subscribed  and 
sworn  to  of  the  distance  so  traveled  in  the  discharge  of  his  duties, 
which,  shall  be  audited  and  ordered  paid  by  the  board  of  county 
commissioners. 

§  35.  OFFICE  POSTAGE  AND  STATIONERY.]  He  may  provide  for 
himself  a  suitable  office  for  the  transaction  of  official  business 
when  not  provided  therewith  by  the  county  commissioners,  and 
such  commissioners  shall  audit  and  pay  his  reasonable  accounts 
for  the  use  and  furniture  of  such  office.  They  shall  also  furnish 
him  with  all  necessary  books,  stationery  and  postage. 

§  36.  SHALL  NOT  ABSENT  HIMSELF  FROM  COUNTY.]  No  county 
superintendent  of  schools  shall  engage  in  any  profession  or 
occupation,  nor  shall  he  absent  himself  from  the  county  or  dis- 
trict for  which  he  is  elected,  to  engage  in  any  occupation,  pro- 


18  GENERAL  SCHOOL  LAWS 

fession  or  pursuit  during  the  term  for  which  he  is  elected  for 
such  time  and  in  such  manner  as  to  interfere  with  the  proper 
discharge  of  his  duties  as  county  superintendent  of  schools. 

AETICLE  III.— COMMON  SCHOOL  DISTEICTS. 

§  37.  EACH  SCHOOL  DISTRICT  A  CORPORATION.]  Each  and  every 
school  district  in  this  state  now  legally  organized  or  which  shall 
be  organized  hereafter  shall  be  and  is  hereby  constituted  a  public 

corporation  to  be  known  and  designated  as 

school  district  No of  County, 

State  of  North  Dakota,  with  its  proper  name  or  number  inserted 
in  the  blank  space  provided  and  with  the  name  of  the  county 
inserted  in  the  blank  before  the  word  county;  and  in  its  own 
proper  name,  or  number,  as  such  corporation  it  may  sue  and  be 
sued,  contract,  and  be  contracted  with  and  may  acquire,  pur- 
chase, hold  and  use  personal  and  real  property  for  school  pur- 
poses or  for  the  purposes  mentioned  in  this  act  and  may  sell 
and  dispose  of  the  same. 

§  38.  WHAT  TERRITORY  MAY  BE  ORGANIZED  INTO  DISTRICT  SCHOOL 
CORPORATIONS.]  The  county  commissioners  of  each  county  in  this 
state  shall  organize  into  a  school  district  any  territory  not,  at 
the  taking  effect  of  this  act,  already  organized  into  a  school  district 
upon  being  petitioned  so  to  do  by  at  least  one-third  of  the  resi- 
dents of  such  territory  having  the  care  and  custody  of  any  child 
of  school  age;  provided,  such  territory  shall  consist  of  not  less 
than  one  congressional  township  and  shall  have  at  least  twelve 
thousand  dollars  in  taxable  property  and  at  least  ten  children 
of  school  age  residing  therein. 

§  39.  WHEN  SCHOOL  CORPORATIONS  MAY  BE  DIVIDED  AND  ATTACH- 
ED TO  OTHER  DISTRICTS.]  If  a  portion  of  any  such  school  district 
having  not  more  than  ten  children  of  school  age  residing  therein 
is  separated  from  the  other  portion  of  such  district  by  any  nat- 
ural obstacle  which  practically  prevents  such  children  from  at- 
tending school  in  such  other  portion,  the  county  commissioners 
of  the  county  may  annex  such  portion  so  separated,  to  an  adjoin- 
ing school  district,  and  the  portion  so  annexed  shall  constitute  a 
part  of  such  adjacent  school  district.  If  such  adjacent  district 
lies  in  another  county,  the  county  commissioners  of  the  two 
counties  may  jointly  make  such  annexation ;  provided,  that  when- 
ever portions  of  a  school  district  lie  in  different  civil  townships 
there  may  be  created  therefrom  two  or  more  distinct  school  dis- 
tricts, when  in  the  judgment  of  such  commissioners  and  the 
county  superintendent,  such  change  can  be  made  without  detri- 
ment to  the  school  or  to  the  pupils  therein,  and  the  division  can 
be  made  by  following  the  boundary  line  or  lines  of  congressional 
townships,  or  the  meander  lines  of  the  government  survey. 

§  40.  ANNEXATION  OF  SCHOOL  DISTRICTS.]  If  a  town  or  village 
not  organized  into  a  special  district  is  divided  by  a  civil  township 
line  or  if  such  town  or  village  is  divided  by  any  county  line,  the 


STATE    OF   NORTH    DAKOTA  19 

county  commissioners  of  such  county,  or  the  county  commissioners 
of  such  adjacent  counties  acting  in  joint  session,  as  the  case  may 
be,  may,  when  petitioned  so  to  do  by  a  majority  of  the  voters  of 
each  part  of  said  town  or  village,  annex  one  part  of  such  town 
or  village  to  the  adjacent  school  district  which  includes  the  other 
part  of  such  town  or  village  and  the  part  so  annexed  shall  con- 
stitute a  portion  of  such  adjacent  district. 

§  41.  WHEN  CIVIL  TOWNSHIPS  MAY  CONSOLIDATE  INTO  SCHOOL 
DISTRICTS.]  In  any  county  in  this  state,  if  a  civil  township,  hav- 
ing less  than  fifteen  persons  of  school  age  residing  therein,  by 
reason  of  the  irregular  course  of  natural  boundary,  contains  less 
than  twelve  square  miles  of  territory,  it  shall  constitute  a  portion 
of  the  adjacent  school  district  with  which  it  has  the  longest 
common  boundary  line. 

§  42.  SCHOOL  DISTRICTS.  How  NAMED.]  Each  school  district 
constituted  or  formed  under  the  provisions  of  this  article,  shall 
be  designated  a  school  district  as  distinguished  from  a  civil  town- 
ship or  congressional  township,  and  shall  be  named  as  follows: 
Each  school  district  which  consists  of  a  civil  township  shall  be 

named  ' ' School  District  of 

County,  State  of  North  Dakota,"  with  the  name  of  the  civil 
township  which  constitutes  the  districts  inserted  in  the  blank 
before  the  word  "school,"  and  the  name  of  the  county  in  which 
it  is  situated  inserted  before  the  word  " county."  Each  school 
district  which  consists  of  territory  not  organized  into  a  civil 
township,  but  which  has  been  named  by  a  distinctive  name  shall 
have  such  distinctive  name  inserted  in  the  blank  before  the  word 
"school."  Each  school  district  consisting  of  territory  not  organ- 
ized into  a  civil  township  which  has  no  distinctive  name  shall  be 

named  "School  District  No of County, 

State  of  North  Dakota,"  which  is  organized  for  school  purposes 
under  the  district  system  at  the  taking  effect  of  this  act,  the  sev- 
eral school  districts  shall  refrain  and  be  known  by  the  number 
which  they  have  respectively  at  the  time  of  the  taking  effect  of 
this  act  and  any  school  district  hereafter  formed  in  any  such 
county  shall  be  known  by  the  number  next  higher  than  that  of 
the  highest  pre-existing  numbered  district. 

§  43.  BOUNDARIES,  HOW  CHANGED.]  The  board  of  county  com- 
missioners and  county  superintendent  of  schools  may  change  the 
boundaries  of  any  school  district  or  consolidate  two  or  more  dis- 
tricts already  organized  if  in  their  judgment  such  change  is 
desirable  or  necessary  upon  being  petitioned  so  to  do  by  a  major- 
ity of  the  school  voters  residing  in  the  districts  whose  boundaries 
will  be  affected  by  such  change. 

§  43^.  BOUNDARIES  TO  BE  RE-ARRANGED  AND  RE-ESTABLISHED. 
How.]  The  county  commissioners  and  county  superintendent  of 
schools  of  each  county  which  at  the  taking  effect  of  this  act  is 
organized  for  school  purposes  under  the  district  system,  shall 


20  GENERAL   SCHOOL  LAWS 

meet  on  the  second  Monday  in  July,  A.  D.  1911,  at  the  place 
where  the  meetings  of  such  commissioners  are  usually  held,  and 
shall  re-arrange  and  establish  the  boundaries  of  the  several 
school  districts  of  the  county,  as  follows: 

1.  Each  school  district  now  organized,  which  has  less  than 
ten  persons  of  school  age  residing  therein,  may  be  annexed  to 
and  form  a  part  of  such  adjacent  district  as  shall  be  most  con- 
venient for  such  persons  of  school  age,  if  in  the  judgment  of  such 
commissioners  and  superintendent,  such  annexation  can  be  made 

.without  detriment  to  the  school  or  to  the  pupils  residing  in  such 
district. 

2.  Such  commissioners  and  superintendent  shall  make  such 
changes  generally  in  the  boundary  line  of  the  school  districts  of 
the  county,  and  may  organize  school  districts,  as  in  their  judg- 
ment will  be  for  the  best  interests  of  the  schools  of  the  county. 

§   44.      NEW  COMMON  SCHOOL  DISTRICTS.      HOW  ORGANIZED.]       The 

board  of  county  commissioners  and  county  superintendent  may 
organize  a  new  school  district  from  portions  of  school  districts 
already  organized,  if  in  their  judgment  the  organization  of  a 
new  district  is  desirable  and  necessary,  upon  being  petitioned  so 
to  do  by  at  least  a  majority  of  the  school  voters  residing  in  the 
districts,  whose  boundaries  will  be  affected  by  the  organization 
of  a  new  district,  and  by  at  least  three-fourths  of  the  residents 
of  the  territory  to  be  included  in  the  new  district.  No  school 
district  shall  be  organized  under  the  provisions  of  this  section 
which  shall  have  less  than  $20,000  assessed  valuation  and  shall 
have  residing  therein  less  than  twelve  children  of  school  age; 
provided,  that  when  the  districts  from  portions  of  which  such 
new  district  is  sought  to  be  organized,  lie  in  two  or  more  adjoin- 
ing counties,  such  new  district  shall  be  organized  by  the  con- 
current action  of  the  boards  of  county  commissioners  and  county 
superintendents  of  such  counties;  provided,  further,  that  action 
on  such  organization  shall  be  taken  only  at  the  July  meeting  of 
the  county  commissioners  when  petitioned  by  a  majority  of  the 
voters  residing  in  each  of  the  districts  to  be  affected. 

§  45.  PUBLIC  NOTICE  GIVEN.]  Whenever  the  board  of  county 
commissioners  and  county  superintendent  of  schools  shall  be 
petitioned  to  organize  a  new  school  district  or  to  change  the 
boundaries  of  districts  already  organized,  the  county  superin- 
tendent shall  give  public  notice,  for  at  least  thirty  days,  to  the 
residents  of  the  districts  whose  boundaries  will  be  affected  by  the 
organization  of  the  new  district,  by  mailing  a  notice  to  that  effect 
to  each  school  officer  of  such  districts,  and  by  publishing  the  same 
in  the  official  newspaper  of  the  county  published  nearest  that 
district. 

§  46.  PLATS  OF  SCHOOL  DISTRICTS  PREPARED  BY  COUNTY  AUDITOR. 
EECORD.]  The  county  auditor  shall  prepare  a  record  or  plat  of 
his  county  showing  the  boundaries,  name  or  number  of  schools 


STATE   OF   NORTH   DAKOTA  21 

districts  in  said  county  which  record  shall  remain  on  file  in  his 
office.  Whenever  the  boundaries  of  a  school  district  are  changed 
or  a  new  school  district  organized  the  county  auditor  shall  make 
la  record  of  the  same. 

§  47.  LEGALIZING  IRREGULARITIES.]  All  school  districts,  whether 
duly  and  legally  organized  under  the  provisions  of  statute,  or 
not,  which  for  one  year  or  more  last  past  had  a  de  facto  organ- 
ization, and  also  all  school  districts,  whether  duly  and  legally 
organized  under  the  provisions  of  statute  or  not,  which  have 
heretofore  attached  or  attempted  to  attach  territory  outside  of 
the  limits  thereof  and  adjacent  to  such  district,  and  now  included 
in  the  territory  comprising  or  exercising  the  powers  of  such 
school  district,  are  hereby  declared  to  be  legally  organized  and 
are  authorized  to  exercise  all  the  functions  of  school  districts 
which  have  been  duly  and  legally  organized  as  provided  by  stat- 
ute, with  the  boundaries  which  they  may  have  at  the  time  of 
going  into  effect  of  this  article,  and  all  contracts  and  obligations 
of  said  districts  and  the  acts  of  the  officials  thereof  are  hereby 
ratified  and  confirmed  so  far  as  to  give  them  the  same  validity 
which  they  would  have  had  if  such  districts  had  been  legally 
organized. 

ARTICLE   IV.— ELECTION   OF   OFFICERS  IN   COMMON 
SCHOOL  DISTRICTS. 

§  48.  OFFICERS  TO  BE  ELECTED.]  On  the  first  Tuesday  in  June 
of  each  year  there  shall  be  elected  one  school  director  for  the  term 
of  three  years  and  on  the  first  Tuesday  in  June  of  each  even 
numbered  year  a  school  treasurer  for  the  term  of  two  years. 
Such  officers  shall  hold  their  respective  offices  from  the  second 
Tuesday  in  July  following  their  election  for  the  number  of  years 
respectively  for  which  they  were  elected,  and  until  their  succes- 
sors are  elected  and  qualified.  At  the  first  election  for  the  or- 
ganization of  a  new  school  district  there  shall  be  elected  at  large 
for  such  school  district  three  directors,  one  to  serve  until  the 
first  annual  election,  one  to  serve  until  the  second  annual  elec- 
tion thereafter  and  one  to  serve  until  the  third  annual  election 
thereafter,  and  a  school  treasurer  to  serve  until  the  annual  elec- 
tion in  the  next  even  numbered  year  and  until  his  successor  is 
elected  and  qualified. 

§  49.  POLLING  PLACES,  HOW  ESTABLISHED.  APPOINTMENT  OF  ELEC- 
TION OFFICERS.]  The  county  superintendent  in  each  county  shall, 
at  least  twenty-one  days  prior  to  the  first  election  in  the  new 
district,  fix  and  designate  some  polling  place  in  each  school 
district  so  located  as  to  be  convenient  for  the  voters  of  such 
district,  and  shall  appoint  two  persons  to  act  as  judges  and  two 
to  act  as  clerks  of  the  election  of  such  school  officers ;  such  judges 
and  clerks  shall  be  qualified  voters  in  their  respective  districts. 
The  county  superintendent  shall  notif3r  in  writing  such  judges, 
and  clerks  of  their  appointment,  and  of  the  place  fixed  and 


22  GENERAL   SCHOOL  LAWS 

designated  as  the  polling  place  in  their  respective  districts  and 
shall  furnish  them  with  the  necessary  blanks  and  poll  books  for 
such  election.  He  shall  also  furnish  one  of  such  clerks  with  three 
notices  of  such  election  specifying  the  time  and  place  at  which 
such  election  is  to  be  held.  The  officers  to  be  elected  and  term 
of  each  which  notices  such  clerk  shall  post  in  three  of  the  most 
public  places  in  the  district  at  least  fourteen  days  prior  to  such 
election.  The  county  superintendent  shall  fix  the  date  and  per- 
form such  other  duties  as  devolve  upon  him  by  the  provisions  of 
this  section  for  the  first  election  in  any  school  district  hereafter 
formed  under  the  provisions  of  this  chapter,  and  such  election 
shall  be  called  by  the  county  superintendent  within  thirty  days 
after  the  formation  of  such  school  district. 

§  50.  WHO  QUALIFIED  TO  VOTE  OR  HOLD  OFFICE.]  At  any  election 
of  school  officers  in  any  school  district  in  this  state  all  persons 
who  are  qualified  electors  under- the  general  laws  of  the  state  and 
all  women  twenty-one  years  of  age  having  the  necessary  quali- 
fications as  to  citizenship  and  residence  required  of  male  voters 
by  law,  shall  be  qualified  voters  and  shall  be  eligible  to  the  office 
of  county  superintendent  of  schools,  school  director,  district 
treasurer,  school  district  clerk,  or  member  of  the  board  of  edu- 
cation, or  may  be  judge  or  clerk  of  such  election ;  provided,  how- 
ever, that  the  county  superintendent  shall  possess  the  educational 
qualifications  named  in  Section  18. 

§  51.  HOURS  POLLS  OPEN.]  At  all  elections  for  school  district 
officers  the  polls  shall  be  opened  at  2  o'clock  p.  m.  and  closed  at 
5  o'clock  p.  m. 

§  52.  NOTICE  OF  ANNUAL  ELECTION.]  At  least  fourteen  days 
before  the  first  Tuesday  in  June  of  each  year  the  district  school 
board  of  each  school  district  shall  designate  one  polling  place  as 
convenient  as  possible  to  the  voters  of  such  district  at  which 
such  annual  election  shall  be  held,  and  shall  cause  notice  of  such 
election  to  be  posted  in  at  least  three  of  the  most  public  and 
conspicuous  places  within  the  district.  Such  notices  shall  be 
signed  by  the  clerk  or  in  his  absence  by  the  president  of  the  dis- 
trict school  board,  and  shall  state  the  time  and  place  of  holding 
such  election,  and  the  officers  to  be  elected  and  their  terms  of 
office,  and  shall  be  substantially  in  the  following  form: 

Notice  is  hereby  given  that  on  Tuesday,  the  day  of 

June  A.  D.  19 ,  an  election  will  be  held  at 

(here  insert  polling  place)  for  the  purpose  of  electing 

There  insert  officers  to  be  elected  and  term  each  is  to  serve)  for 

School  District  No or  for  (Here 

insert  name  of  school  district).    The  polls  will  be  opened  at  two 
o'clock  p.  m.  and  closed  at  5  o'clock  p.  m.  of  that  day. 
By  order  of  School  Board, 

Signed 


STATE   OF   NORTH    DAKOTA  23 

§  53.  JUDGE'S  OATH.]  At  such  annual  election  any  two  of 
the  directors  of  the  school  district  may  act  as  judges  and  the 
clerk  of  the  district  school  board  and  one  other  person  to  be 
chosen  by  the  voters  present  at  the  opening  of  the  polls,  shall 
act  as  clerks.  The  voters  present  at  the  opening  of  the  polls 
shall  choose  a  person  to  fill  any  vacancy  caused  by  the  absence 
of  either  of  such  officers  to  act  as  judge  or  clerk  of  such  election. 
Before  opening  the  polls  each  of  the  judges  and  clerks  of  election 
shall  take  and  subscribe  the  following  oath  or  affirmation:  "I 
do  solemnly  swear  (or  affirm)  that  I  will  perform  my  duties  as 
judge  or  clerk  (as  the  case  may  be)  according  to  law  and  the 
best  of  my  ability."  Such  oath  or  affirmation  may  be  adminis- 
tered by  any  officer  authorized  to  administer  oaths  or  by  either 
of  the  judges  or  clerks.  Any  school  officer  elected  and  qualified 
under  the  provisions  of  this  chapter  is  authorized  and  empowered 
to  administer  any  oath  or  affirmation  pertaining  in  any  manner 
to  school  offices. 

§  54.  ELECTION,  HOW  CONDUCTED,  CANVASS  OP  VOTES.]  Such 
election  shall  be  conducted  and  the  votes  canvassed  as  provided 
by  law  for  general  elections,  except  as  otherwise  provided  in  this 
chapter.  Immediately  after  the  polls  are  closed  the  judges  shall 
proceed  to  count  and  canvass  the  votes  for  each  person  voted 
for  at  such  election  for  any  office,  and  the  person  receiving  the 
highest  number  of  votes  for  the  office  of  director  shall  be  declared 
elected.  If  the  election  results  in  a  tie  the  district  clerk  shall 
immediately  notify  in  writing  the  parties  having  received  such 
tie  votes,  and  a  time  shall  be  agreed  upon  by  the  parties,  within 
three  days  after  the  election,  at  which  the  election  shall  be  de- 
cided in  the  manner  that  may  be  agreed  upon  by  the  parties  in 
the  presence  of  the  judges  and  clerks  of  election,  and  a  record 
of  the  proceedings  shall  be  made  in  the  records  of  the  district 
clerk. 

§  55.  CERTIFICATE  OF  ELECTION.]  The  clerk  of  the  school  dis- 
trict shall  within  five  days  after  such  election  furnish  each  per- 
son elected  to  any  district  office,  a  written  notice  of  his  election 
and  of  his  duty  to  take  the  oath  of  office  as  such  officer  on  or 
before  the  second  Tuesday  in  July  following  such  election.  He 
shall  also  forward  to  the  county  superintendent  within  ten  days 
after  such  election,  a  certified  list  of  all  the  officers  elected 
thereat. 

§  56.  OATH  OF  OFFICE.]  Each  person  elected  to  the  office  of 
school  director  or  district  treasurer  shall  before  entering  upon  the 
duties  of  his  office  take  and  subscribe  the  oath  prescribed  in 
section  211  of  the  constitution,  which  oath  shall  be  filed  with  the 
clerk  of  the  school  district  board. 


24  GENERAL   SCHOOL  LAWS 

ARTICLE  V.— ORGANIZATION  MEETINGS  AND  DUTIES  OF 
COMMON  SCHOOL  OFFICERS. 

§  57.  ORGANIZATION,  CLERK.]  The  school  board  shall  meet  an- 
nually on  the  second  Tuesday  in  July  and  organize  by  choosing 
one  of  the  members  president,  and  a  competent  person,  not  a 
member  of  the  board,  clerk,  who  shall  hold  office  during  the 
pleasure  of  the  board. 

§  58.  DISTRICT  SCHOOL  BOARD  QUORUM.]  The  three  school 
directors  in  each  school  district  shall  constitute  the  district  school 
board.  A  majority  of  the  board  shall  constitute  a  quorum  and 
the  agreement  of  a  majority  shall  be  necessary  to  the  validity 
of  any  contract  entered  into  by  the  board. 

§  59.  MEETINGS  OF  BOARD.  FEES.]  The  board  shall,  on  the 
second  Tuesday  in  January,  April,  July  and  October  of  each 
year,  hold  regular  meetings  for  the  transaction  of  business  at 
such  hour  and  place  as  may  be  fixed  by  the  board.  A  special 
meeting  may  be  held  upon  the  call  of  the  president  or  the  other 
two  members.  Written  notice  of  the  time  and  place  of  any  spe- 
cial meeting  shall  be  given  to  each  member  of  the  board  at  least 
forty-eight  hours  before  the  time  of  such  meeting.  Each  member 
of  the  board  shall  be  paid  the  sum  of  eight  dollars  per  annum, 
less  two  dollars  for  each  regular  meeting  which  he  fails  to  at- 
tend; provided,  that  in  any  common  school  district  which  con- 
tains a  graded  school  of  three  or  more  departments  the  board 
shall  hold  regular  meetings  for  the  transaction  of  business  on 
the  second  Tuesday  of  each  month  at  such  time  and  place  as 
may  be  fixed  by  the  board,  and  in  such  districts  the  members 
of  the  board  shall  receive  a  compensation  of  one  dollar  for  each 
meeting  attended;  provided,  further,  the  members  and  clerks 
receive  ten  cents  a  mile  for  the  distance  necessarily  traveled  in 
attending  general  meetings  of  school  officers  convened  by  the 
county  superintendent  and  also  a  salary  of  two  dollars,  but  the 
total  sum  of  such  salary  and  mileage  shall  not  exceed  seven  dol- 
lars for  each  officer  at  any  one  meeting. 

§  60.  DUTIES  OF  THE  PRESIDENT.]  The  president  shall  preside 
at  all  meetings  of  the  board,  and  shall  perform  such  duties  as 
usually  pertain  to  such  office,  and  in  accordance  with  the  cus- 
tomary rules  of  order.  In  his  absence  a  president  pro  tempore 
shall  preside.  The  president  shall  perform  such  other  duties  as 
are  prescribed  in  this  chapter. 

§  61.  DUTIES  OF  CLERK.  COMPENSATION.]  The  clerk  of  the 
board  shall  keep  an  accurate  record  of  all  proceedings  of  the 
board,  give  or  post  all  notices,  make  out  all  reports  and  state- 
ments and  perform  all  other  duties  required  by  law  or  by  the 
board.  He  shall  receive  such  compensation  as  shall  be  fixed  by 
the  board,  not  less  than  ten  dollars  for  one  school  and  five  dollars 
for  each  additional  school  in  his  district;  provided,  that  such 
salary  shall  not  exceed  fifty  dollars  in  any  one  year;  provided, 


STATE    OF  NORTH    DAKOTA  25 

further,  that  the  clerk  shall  receive  such  additional  compensation 
for  taking  the  annual  school  census  as  the  board  may  allow. 

§  62.  TREASURER'S  BOND.  How  APPROVED.  VACANCY.  How 
FILLED.]  The  school  treasurer  shall  on  or  before  the  second 
Tuesday  in  July  following  his  election  and  before  entering  upon 
his  duties,  give  a  bond  to  the  school  district  conditioned  for  the 
honest  and  faithful  discharge  of  his  duties  and  that  he  will 
render  a  true  account  of  all  funds  and  property  that  shall  come 
into  his  hands  and  pay  and  deliver  the  same  according  to  law. 
Such  bonds  shall  be  in  such  sum  as  may  be  fixed  by  the  board  but 
not  less  than  double  the  sum  to  come  into  his  hands  in  any  one 
year  as  nearly  as  may  be  ascertained,  which  bond  shall  be  signed 
by  two  or  more  sufficient  sureties,  to  be  approved  by  the  school 
board.  In  case  the  school  board  neglects  or  refuses  to  approve 
the  bond  of  such  treasurer  and  the  sureties  thereon,  such  treas- 
urer may  present  the  same  to  the  county  superintendent  and 
serve  notice  thereof  upon  the  board  and  due  proof  of  such  notice 
being  made  to  the  county  superintendent,  he  shall,  unless  good 
cause  for  his  delay  appears,  proceed  to  hear  and  determine  the 
sufficiency  of  the  bond  and  the  sureties  thereon,  and  may  approve 
or  disapprove  the  same  as  the  facts  warrant.  In  case  of  a  failure 
to  elect  a  successor  to  any  school  treasurer  at  the  expiration  of 
his  term  of  office,  the  said  treasurer  holds  over  and  he  shall  be 
required  to  give  a  new  bond,  within  ten  days  after  notice  by  the 
board.  •  In  case  of  a  failure  so  to  do,  a  vacancy  shall  be  deemed 
to  exist  in  said  office  and  shall  be  filled  as  provided  by  law.  In 
case  a  vacancy  occurs  in  the  office  of  the  school  treasurer,  it 
shall  be  the  duty  of  the  county  treasurer  of  the  county  wherein 
such  school  district  is  located,  upon  being  notified  by  the  county 
superintendent  or  clerk  of  such  school  district  that  such  vacancy 
exists,  to  perform  the  duties  of  treasurer  of  such  school  district 
until  the  vacancy  is  duly  filled. 

§  63.  WHEN  ADDITIONAL  BONDS  REQUIRED.]  Whenever  the 
amount  in  the  hands  of  the  treasurer  or  subject  to  his  order 
exceeds  two-thirds  of  the  penal  sum  of  his  bond  or  when  in  the 
judgment  of  the  board  or  of  the  county  superintendent  the  secur- 
ity on  such  bond  is  impaired,  the  board  or  county  superintendent 
shall  require  an  additional  bond.  If  the  treasurer  fails  for  twenty 
days  to  give  such  additional  bond,  the  office  shall  be  declared 
vacant  and  the  vacancy  shall  be  filled  as  provided  by  this 
chapter. 

§  63%.  SURETY  BONDS.  PREMIUMS.  How  PAID.]  Every  per- 
son hereafter  elected  to  the  office  of  district  treasurer  within 
the  state  of  North  Dakota,  be,  and  is,  hereby  required  to  give  an 
official  bond  in  a  penal  sum  to  be  fixed  by  the  board  of  directors, 
which  bond  shall  not  be  in  a  less  penal  sum  than  double  the 
amount  of  money  likely  to  come  into  his  hands  in  any  one  year, 
and  such  board  may  by  resolution  require  that  such  bond  shall 
be  executed  by  some  responsible  fidelity  or  surety  company  auth- 


26  GENERAL   SCHOOL  LAWS 

orized  and  qualified  to  do  business  in  the  state  of  North  Dakota, 
and  subject  to  approval  as  provided  by  law;  provided,  further, 
if  a  surety  bond  is  given  it  shall  be  for  a  sum  fixed  by  the  board 
of  directors.  The  amount  of  premiums  for  such  surety  or  fidelity 
bond  shall  be  audited  by  the  board  of  directors  and  paid  out  of 
the  general  fund  of  the  district. 

§  63%.  SCHOOL  FUNDS.  How  PAID  OUT.]  The  school  treasurer 
shall  keep  such  account  and  make  such  reports  as  are  required 
of  him  by  law.  He  shall  pay  no  money  out  of  the  funds  in  his 
hands  except  upon  the  warrant  of  the  school  board,  signed  by 
the  president  and  countersigned  by  the  clerk.  He  shall  pay  all 
warrants  properly  drawn  and  signed  when  presented,  if  there 
is  any  money  in  his  hands  or  subject  to  his  order  for  their  pay- 
ment. 

§  64.  WARRANTS  TO  BE  INDORSED  WHEN  NO  FUNDS  TO  PAY.] 
When  a  school  district  warrant  is  presented  to  the  district  treas- 
urer for  payment  and  there  is  no  money  in  his  hands  or  subject 
to  his  order  belonging  to  the  proper  fund  for  the  payment  of 
such  warrants,  he  shall  indorse  on  such  warrant,  "presented  for 

payment  this day  of 19 , 

and  not  paid  for  want  of  funds,"  and  shall  sign  such  indorse- 
ment and  indorse  the  sum  on  the  warrant  and  add  "balance 
the  part  payment  of  such  warrant,  he  shall  make  such  part  pay- 
ment and  indorse  the  sum  on  the  warrant  and  add  "balance 
not  paid  for  want  of  funds,"  signing  the  same.  He  shall  keep  a 
correct  register  of  all  warrants  so  presented  and  indorsed.  Each 
warrant  thus  presented  and  indorsed  shall  draw  interest  on  the 
amount  unpaid  at  a  rate  not  to  exceed  seven  per  cent  per  annum 
from  the  date  of  such  presentation  and  indorsement  until  paid; 
provided,  that  when  there  shall  come  into  the  hands  of  the 
treasurer  or  subject  to  his  order,  money  applicable  to  the  pay- 
ment of  any  warrant  which  has  been  so  presented  and  regis- 
tered, he  shall  notify  in  writing  by  mail,  the  drawee  of  such 
warrant  at  his  last  known  place  of  residence,  to  present  such 
warrant  for  payment,  and  interest  shall  cease  upon  every  war- 
rant ten  days  after  such  notice  shall  have  been  sent,  and  such 
money  shall  be  held  for  the  payment  of  such  warrant. 

§  65.  WARRANTS,  WHAT  TO  SPECIFY.]  Each  warrant  drawn  by 
the  .clerk  or  the  board  on  the  district  treasurer  must  specify  the 
purpose  for  which  it  is  drawn,  the  fund  on  which  it  is  drawn 
and  the  person  to  whom  payable ;  and  no  warrant  shall  be  issued 
except  for  indebtedness  incurred  prior  to  its  issue. 

§  66.  OATHS  AND  BONDS.  WHERE  TO  BE  FILED.]  All  official 
oaths  and  bonds  of  school  district  officers  shall  be  filed  with  the 
district  clerk,  who  shall  immediately  certify  to  the  county  sup- 
erintendent the  fact  of  such  oaths  and  bonds  being  filed.  Said 
clerk  shall  file  school  treasurer's  bond  with  the  county  auditor 
after  such  bond  has  been  approved  by  the  district  school  board, 


STATE   OF   NORTH   DAKOTA  27 

as  provided  in  this  chapter.  In  case  of  the  breach  of  any  of  the 
conditions  of  the  treasurer's  bond,  the  board,  through  its  presi- 
dent, and  in  case  of  his  refusal  so  to  do,  the  county  superintend- 
ent, shall  cause  an  action  to  be  commenced  and  prosecuted 
thereon  in  the  corporate  name  of  the  district,  and  any  money 
collected  for  the  district  shall  be  paid  to  the  district  treasurer 
and  any  money  collected  for  tines  shall  be  paid  into  the  county 
treasury  and  be  credited  to  the  general  school  fund  of  the  state. 
If  the  board  and  county  superintendent  both  fail  or  refuse  to 
bring  such  action,  any  taxpayer  in  the  district  may  commence 
and  prosecute  such  action,  and  the  necessary  expense  thereof 
shall  be  paid  out  of  the  district  treasury  unless  otherwise  ordered 
by  the  court. 

§  66%.  SALARY  OF  SCHOOL  TREASURER.]  The  school  treasurer 
shall  be  paid  for  his  services  such  sum  as  shall  be  fixed  by  the 
board  not  less  than  five  nor  more  than  twenty-five  dollars  per 
annum. 

AETICLE  VI.— POWERS  AND  DUTIES  OF  COMMON  SCHOOL 

BOAEDS. 

§  67.  GENERAL  POWERS.]  The  district  school  board  shall  have 
the  general  charge,  direction  and  management  of  the  schools  of 
the  district,  and  the  care,  custody  and  control  of  all  the  property 
belonging  to  it,  subject  to  the  provisions  of  this  chapter;  pro- 
vided that  in  the  employment  of  teachers,  no  person  related  by 
blood  or  marriage  to  any  member  of  the  district  board  shall  be 
hired  without  the  unanimous  consent  of  ttye  board. 

§  68.  POWER  TO  ESTABLISH  SCHOOLS.]  It  shall  organize,  main- 
tain and  conveniently  locate  schools  for  the  education  of  child- 
ren, of  school  age  within  the  district,  and  change  or  discontinue 
any  of  them  as  provided  by  law. 

§  69.  REPAIRS,  FUEL  AND  SUPPLIES.]  It  shall  make  all  neces- 
sary repairs  to  school  houses,  outbuildings  and  appurtenances, 
and  shall  furnish  fuel  and  all  necessary  supplies  for  the  schools 
and  provide  for  janitor  service. 

§  70.  FURNITURE.  MAPS.  REGISTER.  SCHOOL  LIBRARY.]  It  shall 
furnish  to  each  school  all  necessary  and  suitable  furniture,  maps 
and  apparatus,  including  any  dictionary  which  is  recognized  as 
a  standard  authority.  The  school  register  and  all  school  blanks 
used,  shall  be  those  furnished  by  the  state  department  of  public 
instruction.  It  may  appropriate  and  expend  each  year  not  more 
than  twenty-five  dollars  for  each  school,  or  separate  department 
thereof,  of  the  district  for  the  purpose  of  a  school  library,  to  be 
selected  by  the  school  board,  and  the  teacher,  from  any  list  of  books 
authorized  by  the  superintendent  of  public  instruction,  and  fur- 
nished by  him  to  the  county  superintendent  for  that  purpose, 
and  it  shall  not  purchase  any  books  which  have  not  been  approved 
by  the  superintendent  of  public  instruction. 


28  GENERAL   SCHOOL  LAWS 

§  71.  CARE  OF  LIBRARY.  LIBRARIAN.]  It  shall  have  the  care 
and  custody  of  the  library  and  may  appoint  as  librarian  any 
suitable  person,  including  one  of  their  number,  but  whenever 
practicable,  the  library  shall  be  kept  in  the  school  house  and 
always  so  when  school  is  in  session.  It  shall  make  rules  to  govern 
the  circulation  and  care  of  the  books  while  in  the  hands  of  the 
pupils  or  other  persons,  subject  to  the  general  rules  as  may  be 
prescribed  by  the  state  superintendent  of  public  instruction,  and 
may  impose  and  collect  penalties  for  injuries  done  to  any  book 
by  the  act,  negligence  or  permission  of  the  person  who  takes  the 
same  or  while  in  his  possession,  but  no  book  shall  be  loaned  to 
any  person  not  a  resident  of  the  district.  It  may  at  any  time 
temporarily  exchange  any  part  or  all  of  its  library  with  any 
other  district  or  persons,  so  far  as  different  books  may  be  ob- 
tained, but  each  district  shall  recall  its  books  before  the  close 
of  the  school  term.  It  may  at  any  time  accept  donations  of  books 
for  the  library,  but  it  shall  exclude  therefrom  all  books  unsuited 
to  the  cultivation  of  good  character  and  good  morals  and  man- 
ners, and  no  sectarian  publications,  devoted  to  the  discussion  of 
sectarian  differences  and  creeds  shall  be  admitted  to  the  library. 
It  shall  be  held  accountable  for  the  proper  care  and  preservation 
of  the  library,  and  shall  report  annually  to  the  county  superin- 
tendent all  library  statistics  which  may  be  required  by  the  blanks 
furnished  for  that  purpose  by  the  superintendent  of  public 
instruction. 

§  72.  TEACHERS.  How  EMPLOYED.  SALARIES.]  It  shall  employ 
the  teachers  of  the  school  district  and  may  dismiss  a  teacher  at 
any  time  for  plain  violation  of  contract,  gross  immorality  or  flag- 
grant  neglect  of  duty.  No  person  shall  be  permitted  to  teach  in 
any  public  school  who  is  not  the  holder  of  a  teacher's  certificate 
or  a  permit  to  teach,  valid  in  the  county  or  district  in  which 
such  school  is  situated,  and  every  contract  for  the  employment 
of  a  teacher  must  be  in  writing  and  such  contract  must  be 
executed  before  such  teacher  begins  to  teach  in  such  school; 
provided,  that  no  teacher  holding  a  valid  certificate  shall  receive 
less  than  forty-five  dollars  per  month.  Nothing  in  this  section 
shall  be  construed  to  mean  that  teachers  holding  the  same  grade 
certificate  must  necessarily  receive  the  same  salary. 

§  73.  PUPILS  FROM-  OTHER  DISTRICTS.]  It  shall  have  the  power 
to  admit  to  the  schools  in  the  district,  pupils  from  other  districts, 
when  it  can  be  done  without  injuring  or  overcrowding  such 
schools,  and  shall  make  regulations  for  their  admission  and  the 
payment  ,of  their  tuition.  It  shall  have  the  power  to  arrange 
with  the  board  of  another  district  for  sending  to  such  district 
such  pupils  as  can  conveniently  be  taught  therein,  for  paying 
their  tuition,  and  for  arranging  and  paying  for  their  transpor- 
tation to  and  from  the  school  in  such  district;  and  when  peti- 
tioned by  a  majority  of  the  voters  of  a  district  it  shall  be  the 
duty  of  the  board  of  any  district  to  arrange  for  sending  to  such 


STATE    OF   NORTH    DAKOTA  29 

district  such  pupils  as  can  conveniently  be  taught  therein,  for 
paying  their  tuition  and  for  arranging  and  paying  for  their 
transportation  to  and  from  the  school  in  such  *  district.  It  shall 
have  the  power  to  admit  to  the  schools  in  the  district,  pupils 
residing  in  unorganized  territory  adjacent  to  the  district,  and 
to  arrange  with  the  parents  or  guardian  of  such  pupils  for  paying 
their  tuition;  but  in  no  instance  shall  a  board  refuse  privileges 
to  or  collect  tuition  from  pupils  residing  in  such  adjacent 
unorganized  territory,  if  the  parents  of  such  pupils  are  property 
holders  in  the  district  and  pay  taxes.  It  shall  also  have  the 
power  to  make  proper  and  needful  rules  for  the  assignment  and 
distribution  of  pupils  to  and  among  the  schools  in  the  district, 
and  their  transfer  from  one  school  to  another. 

§  74.  RULES.  SUSPENSION  OF  PUPILS.]  It  shall  assist  and  co- 
operate with  teachers  in  the  government  and  discipline  of  the 
schools,  and  may  make  proper  rules  and  regulations  therefor. 
It  may  suspend  or  expel  from  school  any  pupil  who  is  insub- 
ordinate or  habitually  disobedient,  but  such  suspension  shall  not 
be  for  a  longer  period  than  ten  days  nor  such  expulsion  beyond 
the  end  of  the  current  term  of  school. 

§  75.  BRANCHES  OF  STUDY.]  Subject  to  the  approval  of  the 
county  superintendent,  it  shall  have  power  to  determine  what 
branches,  if  any,  in  addition  to  those  required  by  law  shall  be 
taught  in  any  school  of  the  district. 

§  76.  TAX  LEVY.  NOTICE  TO  COUNTY  AUDITOR.]  It  shall  have 
power  to  levy  upon  the  property  in  the  district  a  tax  for  school 
purposes  of  not  exceeding  thirty  mills  on  the  dollar  in  any  year, 
which  levy  shall  be  made  by  resolution  of  the  board  prior  to 
the  twentieth  day  of  July.  The  clerk  shall  immediately  there- 
after notify  in  writing  the  county  auditor  of  the  amount  of  tax 
so  levied.  It  shall  not  have  power  to  abate  or  reduce  the  amount 
of  tax  so  levied  after  the  county  auditor  has  been  notified  of 
the  amount  of  such  levy. 

§  77.  WHEN  SCHOOL  HOUSES  CAN  BE  USED  FOR  OTHER  PURPOSES.] 
It  may  permit  a  school  house,  when  not  occupied  for  school 
purposes  to  be  used  under  careful  restrictions  for  any  proper 
purpose,  giving  equal  rights  and  privileges  to  all  religious  de- 
nominations or  political  parties,  but  for  any  such  use  or  privilege 
it  shall  not  be  at  any  cost  for  fuel  or  otherwise  to  the  district. 
Nor  shall  any  furniture  which  is  fastened  to  the  floor  be  removed, 
and  whoever  removes  any  school  furniture  for  any  other  purpose 
than  repairing  the  same  or  for  repairing  the  school  room,  shall 
be  guilty  of  a  misdemeanor  and  shall  be  fined  'not  less  than  five 
nor  more  than  ten  dollars  for  each  offense.  All  fines  imposed 
and  collected  under  the  provisions  of  this  section  shall  be  paid 
into  the  general  school  fund  of  the  state. 

§  78.  SCHOOL  HOUSES  AND  SITES  HOW  DETERMINED.]  Whenever 
in  the  judgment  of  the  board  it  is  desirable  or  necessary  to  the 
welfare  of  the  schools  in  the  district,  or  to  provide  for  the  children 


30  GENERAL   SCHOOL  LAWS 

therein  proper  school  privileges  or  whenever  petitioned  to  do  so 
by  one-third  of  the  voters  of  the  district,  the  board  shall  call 
an  election  of  the  voters  in  the  district  at  some  convenient  time 
and  place  fixed  by  the  board,  to  vote  upon  the  question  of  the 
selection,  purchase,  exchange  or  sale  of  a  school  house  site,  of 
the  erection,  removal,  or  sale  of  a  school  house.  Said  election 
shall  be  conducted  and  the  votes  canvassed  in  the  same  manner 
as  at  the  annual  election  of  school  officers. 

§  79.  ELECTION,  HOW  CALLED.  PLANS.  How  PREPARED.]  Three 
notices  of  the  time,  place  and  the  purpose  of  such  election  shall 
be  posted  in  three  of  the  most  public  places  in  the  district  at 
least  fourteen  days  prior  to  such  meeting.  If  a  majority  of  the 
voters  present  at  such  meeting  shall  by  vote  select  a  schoolhouse 
site  or  shall  be  in  favor  of  the  purchase,  exchange  or  sale  of  the 
school  house,  as  the  case  may  be,  then  the  board  shall  proceed 
to  carry  out  the  decision  of  the  voters  of  the  district,  provided 
it  shall  require  a  vote  of  two-thirds  of  the  voters  present  and 
voting  at  such  meeting  to  order  the  removal  of  the  school  house, 
and  such  school  house  so  removed  cannot  again  be  removed  within 
three  years  from  the  date  of  such  meeting;  and,  further,  if  the 
question  of  removing  the  school  house  fails  to  carry,  then  the 
question  of  removing  such  school  house  cannot  again  be  raised 
within  one  year ;  provided,  further,  that  whenever  a  school  house 
is  to  be  purchased,  erected  or  constructed  in  a  common  school 
district,  the  school  board  shall  consult  with  the  county  super- 
intendent of  schools  and  the  county  superintendent  of  health 
with  regard  to  plans  providing  for  the  proper  construction,  light- 
ing, heating  and  ventilating;  provided,  further,  that  it  shall  be 
the  duty  of  the  state  superintendent  of  public  instruction  to 
furnish  plans  for  school  houses  of  one  and  two  rooms  that  will 
be  in  accord  with  the  best  ideas  pertaining  to  heating,  lighting, 
ventilation  and  other  sanitary  requirements;  provided,  further, 
that  school  boards  and  county  superintendents  shall  secure  from 
a  competent  carpenter  or  architect  complete  specifications  and 
blue  prints  for  plans  furnished  by  the  state  superintendent  of 
public  instruction,  or  approved  plans  that  may  be  furnished  by 
said  carpenter  or  architect,  at  a  cost  not  to  exceed  twenty-five 
dollars  for  a  one  room  school  house  and  forty  dollars  for  a  two 
room  school  house.  A  copy  of  such  plans  and  specifications 
shall  be  filed  in  the  office  of  county  superintendent. 

§  80.  BOARD  OF  INSPECTION.]  The  county  superintendent  of 
health,  the  chairman  of  the  board  of  county  commissioners  and 
the  county  superintendent  of  schools  of  each  county  are  hereby 
constituted  a  board  for  the  purpose  of  inspecting  school  houses 
and  outbuildings  with  reference  to  their  sanitary  condition  and 
whenever  the  county  superintendent  of  schools  shall  report  to 
said  board  of  inspection  that  a  school  house  or  outbuilding  is 
in  an  unsanitary  or  unsafe  condition,  said  board  shall  inspect 
the  same  and  shall  direct  the  district  school  board  to  make  such 


STATE   OF   NORTH    DAKOTA  31 

changes  or  repairs  as  are  necessary  to  make  such  building  or 
buildings,  sanitary,  safe  and  fit  for  school  purposes. 

§  81.  SCHOOL  HOUSE  SITES,  HOW  OBTAINED  AND  MAXIMUM  AREA 
ALLOWED.]  The  school  board  of  any  school  district  may  take, 
in  the  corporate  name  thereof,  any  real,  property  not  exceeding 
five  acres  in  area  chosen  as  a  site  for  school  house,  as  provided 
in  this  chapter,  and  may  hold  and  use  such  tract  for. school 
purposes  only.  Should  the  owner  of  such  real  property  refuse 
or  neglect  to  grant  and  convey  such  site,  a  site  for  a  school  house 
may  be  obtained  by  proceeding  in  eminent  domain,  as  provided 
in  the  Code  of  Civil  Procedure.  If  this  site  so  selected  is  not 
used  for  the  purpose  for  which  it  is  taken,  for  two  successive 
years,  it  shall  revert  to  the  original  owner  or  his  assigns  upon 
payment  of  the  sum  originally  paid  by  the  school  district.  If 
such  owner  or  his  assigns  neglects  or  refuses  to  make  such  re- 
payment for  one  year  after  demand  therefor  by  the  board,  such 
site  shall  be  the  property  of  the  district. 

§  82.  SCHOOLS  TO  BE  ORGANIZED  ON  PETITION.]  If  a  petition 
signed  by  the  persons  charged  with  the  support  and  having  the 
custody  and  care  of  nine  or  more  children  of  school  age,  all  of 
whom  reside  not  less  than  two  and  one-half  miles  from  the 
nearest  school,  is  presented  to  the  board,  asking  for  the  organiza- 
tion of  a  school  for  such  children,  the  board  shall  organize  such 
school  and  employ  a  teacher  therefor,  if  a  suitable  room  for  such 
school  can  be  leased  or  rented  at  some  proper  location  not  more 
than  two  and  one-half  miles  distant  from  the  residence  of  any 
one  of  such  children,  and  if  no  suitable  room  for  such  school 
can  be  leased  or  rented,  the  board  shall  call  a  meeting  of  the 
voters  of  the  district  for  the  selection  and  purchase  or  erection 
of  a  school  house,  as  provided  for  in  section  79.  If  at  such 
meeting  no  such  site  is  selected  or  if  it  is  not  voted  to  erect 
or  purchase  a  school  house  for  such  school,  the  board  shall  select 
and  purchase  a  school  house  site  and  erect,  purchase  or  move 
thereon  a  school  house  at  a  cost  of  not  more  then  twelve  hundred 
dollars  for  such  school  house  and  furniture  therefor;  provided, 
hat  the  provisions  of  this  section  shall  not  apply  in  instances 
where  schools  have  been  consolidated  in  accordance  with  the 
provisions  of  section  84. 

§  83.  SCHOOL  TERMS,  HOW  ARRANGED  AND  WHEN  DISCONTINUED.] 
The  district  board  shall  determine  and  fix  the  length  of  time  the 
schools  in  the  district  shall  be  taught  each  year,  and  when  each 
term  of  school  shall  begin  and  end.  It  shall  so  arrange  such 
terms  as  to  accommodate  and  furnish  school  privileges  equally 
and  equitably  to  pupils  of  all  ages ;  provided,  that  every  common 
school  shall  be  kept  in  session  for  not  less  than  seven  months 
in  each  school  year;  provided,  further,  that  any  school  may  be 
discontinued  when  the  average  attendance  of  pupils  therein  for 
ten  consecutive  days  shall  be  less  than  four,  and  all  contracts 
between  school  boards  and  teachers  shall  contain  a  provision 


32  GENERAL  SCHOOL  LAWS 

that  no  compensation  shall  be  received  by  such  teacher  from  the 
date  of  such  discontinuance,  if  proper  and  convenient  school 
facilities  be  provided  for  the  pupils  therein  in  some  other  school. 

§  84.  CONSOLIDATION.  CONVEYING  PUPILS.]  The  district  board 
may  call,  and,  if  petitioned  by  one-third  of  the  voters  in  the  dis- 
trict, shall  call  an  election  to  determine  the  question  of  "con- 
veying pupils  at  the  expense  of  said  district  to  and  from  schools 
already  established/'  or  "of  consolidating  two  or  more  schools, 
and  of  selecting  a  site  and  erecting  a  suitable  building,  or  of 
making  suitable  additions  to  buildings  already  erected,  to  ac- 
commodate the  pupils  of  schools  to  be  vacated."  Said  elections 
shall  be  conducted,  both  as  to  notices  and  as  to  manner  of  can- 
vassing the  votes,  in  the  same  manner  as  the  annual  school  elec- 
tion. If  a  majority  of  the  votes  cast  at  such  election  are  in 
favor  of  conveying  the  pupils  at  the  expense  of  the  district  to 
and  from  schools  already  established  or  of  consolidating  two  or 
more  schools  and  of  providing  a  suitable  building  for  the  ac- 
commodation of  the  pupils  of  vacated  schools,  then  the  board 
shall  make  all  necessary  arrangements  to  carry  out  the  decision 
of  the  district.  The  board  shall  arrange  for  the  transportation 
of  pupils  to  and  from  such  schools.  It  shall  establish  routes  of 
travel,  adopt  rules  and  regulations  for  such  transportation  and 
shall  contract  with  responsible  parties  for  such  transportation. 

§  85.  ADDITIONAL  SCPIOOL  TIME.]  If  a  majority  of  the  patrons 
of  any  school  averaging  for  its  last  term  eight  or  more  pupils 
in  daily  attendance,  shall  petition  the  board  to  continue  such 
school  for  an  additional  time,  the  board  shall  continue  such  school 
for  that  length  of  time  if  there  are  funds  in  the  treasury  sufficient 
for  that  purpose. 

§  86.  DISTRICT  HIGH  SCHOOLS.  How  ESTABLISHED  AND  CONTROLL- 
ED.] In  any  district  containing  four  or  more  schools,  and  having 
an  enumeration  of  sixty  or  more  persons  of  school  age  residing 
therein  the  board  may  call,  and  if  petitioned  so  to  do  by  ten 
or  more  voters  in  the  district,  shall  call  a  meeting  of  the  voters 
of  such  district,  in  the  manner  prescribed  in  section  79  to  de- 
termine the  question  of  establishing  a  district  high  school.  If 
a  majority  of  the  voters  at  such  meeting  vote  in  favor  of 
establishing  such  high  school,  the  meeting  shall  further  proceed 
to  select  a  site  therefor,  and  to  provide  for  the  erection  or 
purchase  of  a  school  building  or  for  the  necessary  addition  to 
some  school  building  therefor.  Thereupon  the  board  shall  erect 
or  purchase  a  building  or  make  such  addition  for  such  high 
school,  as  shall  be  determined  at  such  meeting  and  shall  establish 
therein  a  district  high  school  containing  one  or  more  departments, 
and  employ  teachers  therefor. 

§  87.  LENGTH  OF  TERM.]  Such  high  school  shall  be  kept  in 
session  for  such  time  each  year,  not  less  than  four  months,  as 
the  board  may  determine.  The  board  shall,  subject  to  the 
approval  of  the  county  superintendent,  grade  such  high  school, 


STATE   OF  NORTH   DAKOTA  33 

and  prescribe  the  studies  to  be  pursued  therein,  and  shall  have 
the  same  management  and  control  thereof  as  of  the  elementary 
schools  in  the  district. 

§  88.  ADJACENT  DISTRICTS  MAY  JOIN.]  Two  or  more  adjacent 
school  districts  may  join  in  the  establishment  and  maintenance 
of  such  high  school,  or  for  a  graded  school  or  for  both,  when 
empowered  so  to  do  by  a  majority  of  the  voters  in  each  district, 
at  a  meeting  called  and  held  as  provided  for  in  this  section,  in 
which  case  the  building  and  furniture  occupied  and  used  for 
such  high  school  or  graded  school  shall  belong  to  the  districts 
so  uniting  and  all  the  costs  of  maintaining  such  school,  or  schools, 
including  the  wages  of  teachers  and  all  necessary  supplies  shall 
be  paid  by  such  districts  in  proportion  to  the  assessed  valuation 
of  the  property  in  each ;  and  the  employment  of  teachers  therefor, 
and  the  management,  control  and  grading  thereof  shall  be  vested 
in  the  joint  boards  of  such  districts,  subject  to  the  approval  of 
the  county  superintendent  of  the  county  in  which  such  districts 
are  located. 

§  89.  SCHOOL  CENSUS.  ANNUAL  REPORT.]  The  school  board 
shall  cause  an  enumeration  to  be  made  between  the  first  and 
twentieth  day  of  June  of  each  year,  of  all  unmarried  persons  of 
school  age,  being  over  six  and  under  twenty-one,  having  their 
legal  residence  in  the  district,  giving  the  names  and  ages  of  such 
persons  and  the  names  of  parents  and  guardians  having  the  care 
and  custody  of  each;  also  the  name  and  age  of  each  deaf  and 
dumb,  blind,  and  feeble  minded  person  between  the  ages  of  five 
and  twenty-five  years,  residing  in  the  district,  including  all  such 
persons  as  may  be  too  deaf  or  feeble  minded  to  acquire  an  educa- 
tion in  the  common  schools,  and  the  names  and  post-office  address 
of  the  parents  or  guardians  of  such  persons.  The  enumeration 
shall  be  made  upon  and  in  accordance  with  the  blanks  furnished 
therefor  by  the  county  superintendent,  and  shall  be  returned  to 
the  county  superintendent  prior  to  the  tenth  day  of  July. 

§  90.  REPORTS.  To  WHOM  SENT.]  A  copy  of  the  enumeration 
of  such  deaf  and  dumb  persons  shall:- be  furnished  the  superin- 
tendent of  the  school  for  the  deaf;  a  copy  of  the  enumeration 
of  such  blind  persons  shall  be  furnished  to  the  superintendent 
of  the  school  for  the  blind;  and  a  copy  of  the  enumeration  of 
such  feeble  minded  persons  shall  be  furnished  the  superintendent 
of  the  institution  for  the  feeble-minded,  by  the  county  superin- 
tendent immediately  upon  the  receipt  of  the  same.  A  copy  of 
such  enumeration  shall  also  be  kept  in  the  office  of  the  district 
court  clerk. 

§  91.  CLERK'S  ANNUAL  REPORT.]  The  board  shall  also  cause  the 
district  clerk  to  make  out  an  annual  report  for  the  year  begin- 
ning July  1st,  and  ending  June  30th,  containing  such  actual 
and  statistical  statements  and  items  as  shall  be  required  by  the 
superintendent  of  public  instruction,  and  upon  and  in  accordance 
with  the  blanks  furnished  therefor  by  the  county  superintendent. 


34  GENERAL   SCHOOL  LAWS 

Such  reports  shall  be  carefully  examined  and  certified  to  as 
correct  by  the  board  at  its  regular  meeting  in  July,  and  trans- 
mitted to  the  county  superintendent  prior  to  the  1st  day  of 
August  following.  A  copy  of  such  report  shall  be  filed  in  the 
district  clerk's  office. 

§  92.  RECORDS  OPEN  TO  INSPECTION.]  All  reports,  books, 
records,  vouchers,  contracts  and  papers  relating  to  school  business 
in  the  school  district  in  the  office  of  the  clerk  shall  at  all  times 
be  open  to  the  inspection  of  any  director,  who  shall  advise  and 
aid  in  securing  correct  records,  accounts,  and  legal  reports,  and 
they  shall  likewise  be  open  to  the  county  superintendent,  and 
any  particular  paper  or  record  shall  be  exhibited  at  reasonable 
hours  to  any  voter  or  taxpayer. 

§  93.  RECORDS  AND  TEACHING  IN  ENGLISH.]  All  reports  and 
records  of  school  officers  and  proceedings  of  all  school  meetings 
shall  be  in  the  English  language,  and  if  any  money  belonging 
to  any  district  shall  be  expended  in  supporting  a  school  in  which 
the  English  language  is  not  the  medium  of  instruction  exclu- 
sively, the  county  superintendent  or  any  taxpayer  of  the  school 
corporation  may  in  a  civil  action  in  the  name  of  the  corporation 
recover  for  such  corporation  all  such  money  from  the  officer 
expending  it  or  ordering  or  voting  for  its  expenditure. 

§  94.  FIRE  ESCAPES  REQUIRED.]  One  or  more  stationary  fire 
escapes,  consisting  of  stairways,  shall  be  attached  to  the  outside 
of  each  and  every  story  above  the  first  story,  of  all  school  houses 
in  the  state  having  more  than  one  story  and  not  provided  with 
a  front  and  rear  exit,  each  at  least  four  feet  six  inches  in  width. 

§  95.  DUTY  OF  SCHOOL  OFFICERS.]  It  shall  be  the  duty  of  all 
persons  including  trustees,  boards  of  directors  and  boards  of 
education  having  charge  of  such  school  houses,  to  comply  with 
the  provisions  of  the  last  section. 

§  96.  PENALTY.]  Any  and  all  such  persons  failing  to  comply 
with  the  provisions  of  sections  94  and  95  of  this  act  shall  be 
guilty  of  a  misdemeanor. 

§  97.  DUTIES  OF  DISTRICT  SCHOOL  BOARDS  AS  TO  TREE  PLANTING.] 
It  is  hereby  made  the  duty  of  every  district  school  board  in  the 
state  of  North  Dakota  to  plant  trees  and  shrubs  upon  the 
grounds  of  every  school  .house  in  their  district  and  to  encourage 
school  children  to  plant  such  trees  and  shrubs  and  to  cultivate 
and  protect  the  same. 

§  98.  FENCES.]  Where  stock  is  permitted  to  run  at  large  it 
is  hereby  made  the  duty  of  the  district  school  board  to  cause  to 
be  erected  about  the  grounds  of  every  school  house  in  each 
district  a  fence  sufficient  to  protect  the  trees  and  shrubs  upon  the 
school  house  grounds  from  destruction  by  live  stock,  and  such 
fence  shall  be  provided  with  convenient  gates  or  stiles ;  provided, 
further,  that  in  the  construction  of  such  fence  barbed  wire  shall 
not  be  used. 


STATE   OF   NORTH    DAKOTA  35 

§  99.  FUNDS  FOR  TREE  PLANTING  AND  CULTIVATION.]  The  district 
school  board  is  hereby  empowered  and  it  shall  be  its  duty  to 
expend  not  less  than  ten  dollars  annually  for  each  school  yard 
out  of  the  funds  of  the  school  district  for  the  purpose  mentioned 
in  the  foregoing  section. 

§  100.  STABLES  IN  RURAL  DISTRICTS.  HITCHING  POSTS.]  If  in  any 
rural  school  district,  a  petition  signed  by  the  persons  charged 
with-  the  support  and  having  the  custody  and  care  of  eight  or 
more  children -of  school  age  is  presented  to  the  school  board  asking 
for  the  building  of  a  suitable  stable  upon  the  school  site,  the  board 
shall  provide  such  stable  without  unnecessary  delay.  It  shall 
be  the  duty  of  the  school  board  in  rural  districts  to  provide  for 
substantial  hitching  posts  for  each  school  site  in  the  district. 

ARTICLE— VII.— SCHOOL  FUNDS. 

§  101.  STATE  TUITION  FUND.  How  RAISED.]  The  net  proceeds 
arising  from  all  fines  and  penalties  for-  violation  of  state  laws, 
from  leasing  the  school  lands  and  the  interest  and  income  from 
the  state  permanent  school  fund  shall  be  collected  and  paid  into 
the  state  treasury  in  the  same  manner  as  is  provided  by  law  for  the 
collection  and  payment  of  state  taxes,  and  shall  constitute  the 
state  tuition  fund,  which  shall  be  apportioned  among  the  several 
counties  of  the  state  in  proportion  to  the  number  of  children  of 
school  age  in  each  as  shown  by  the  last  enumeration  authorized 
by  law. 

§  102.  COUNTY  TREASURER  TO  REPORT  STATE  TUITION  FUND 
QUARTERLY.]  It  shall  be  the  duty  of  the  county  treasurer  to 
receive  from  the  proper  officers  the  net  proceeds  of  fines,  penalties 
and  forfeitures  for  violation  of  state  laws,  and  all  moneys  arising 
from  leasing  of  school  lands  within  the  county,  and  to  forward 
a  detailed  statement  of  moneys  so  collected,  specifying  the  amount 
received  from  each  of  the  above  sources,  to  the  state  auditor  at 
the  same  time  that  he  is  required  to, make  reports  of  other  moneys 
to  such  auditor. 

§  103.  DUTY  OF  STATE  AUDITOR.]  It  shall  be  the  duty  of  the 
state  auditor  on  or  before  the  third  Monday  in  February,  May, 
August,  and  November  in  each  year  to  certify  to  the  superinten- 
dent of  public  instruction  the  amount  of  the  state  tuition  fund 
and  the  superintendent  of  public  instruction  shall  immediately 
apportion  such  funds  among  the  several  counties  of  the  state  in 
proportion  to  the  number  of  children  of  school  age  residing  in 
each  as  shown  by  the  last  enumeration  provided  for  by  law  and 
certify  to  the  state  auditor,  state  treasurer  and  to  the  county 
treasurer  and  county  superintendent  of  each  county,  the  amount 
apportioned  to  the  respective  counties.  Immediately  upon  re- 
ceipt of  such  apportionment  from  the  state  superintendent  as 
herein  provided,  the  state  auditor  shall  draw  a  warrant  upon 
the  state  treasurer  for  the  full  amount  of  the  state  tuition  fund 
apportioned  to  the  several  counties  and  shall  deliver  the  same 


36  GENERAL   SCHOOL  LAWS 

to  the  state  treasurer,  taking  his  receipt  therefor  and  shall  notify 
the  several  county  treasurers  of  the  amount  due  their  respective 
counties  and  that  such  warrant  has  been  issued  therefor,  and 
the  state  treasurer  shall  pay  on  such  warrant  to  the  several  coun- 
ty treasurers  the  amount  due  their  respective  counties. 

§  104.  FUNDS  KEPT  SEPARATE.]  All  moneys  arising  from  in- 
terest on  the  permanent  school  fund  and  from  leasing  school 
lands  shall  be  apportioned  under  a  separate  item  and  such  money 
shall  be  taken  account  of  as  a  separate  item  by  all  officers  making 
or  certifying  such  apportionment,  or  through  whose  hands  any 
portion  of  such  funds  shall  pass  and  it  is  further  made  the  duty 
of  the  district  treasurer  to  keep  such  funds  separate  from  all 
other  funds  and  if  at  the  close  of  the  school  year  any  part  of 
such  funds  which  was  apportioned  prior  to  the  third  Monday  of 
May  of  such  year  remains  in  the  hands  of  the  district  treasurer, 
he  shall  transfer  the  same  to  the  general  fund  of  the  district  to 
which  it  was  apportioned. 

§  105.  FUNDS  DEFINED.  How  USED.]  All  moneys  received  by 
the  school  district  from  the  apportionment  made  by  the  superin- 
tendent of  public  instruction  shall  constitute  and  be  designated 
the  state  tuition  fund.  All  moneys  received  from  district  taxes, 
from  subscription,  from  sale  of  property,  or  from  any  other 
source  whatever  except  from  apportionment  made  by  the  super- 
intendent of  public  instruction  shall  be  designated  the  general 
fund.  In  addition  to  the  state  tuition  fund  and  the  general  fund, 
a  sinking  fund  may  be  established  as  provided  by  this  article. 
The  state  tuition  fund  shall  be  used  only  in  the  payment  of 
teachers '  salary;  provided,  that  if  the  amount  of  state  tuition 
apportioned  to  any  district  in  any  one  year  is  insufficient  for 
the  payment  of  teachers'  salary  in  such  district,  any  money  on 
hand  or  available  belonging  to  the  general  fund  of  such  district 
may  be  applied  to  meet  such  deficiency;  provided,  further,  that 
if  the  state  tuition  fund  apportioned  to  any  district  in  any  one 
year  is  more  than  sufficient  for  the  payment  of  teachers'  wages 
in  such  district  the  portion  of  such  fund  in  excess  of  the  amount 
so  required  shall  be  transferred  to  and  become  a  part  of  the 
general  fund. 

§  106.  FUNDS  CONTROLLED  AND  PAID  OUT  BY  COUNTY  TREASURER.] 
All  funds  shall  be  kept  in  the  possession  or  under  the  control  of 
and  paid  out  by  the  district  treasurer  except  as  otherwise  provided 
in  this  chapter,  and  he  shall  keep  for  each  district  one  general 
account  of  the  entire  receipts  and  expenditures,  and  separate 
itemized  accounts,  as  herein  provided,  for  each  class  of  receipts 
and  expenditures.  His  books  shall  at  all  times  show  by  entries 
under  proper  heads  all  receipts  of  fund  and  payments  made 
therefrom,  so  as  to  enable  any  person  readily  to  ascertain  the 
balance  in  any  fund. 

§   107.       NOT  ENTITLED  TO  TUITION  FUND,  WHEN.       ENUMERATION.] 

No  school  district  shall  be  entitled  to  receive  any  portion  of  the 


STATE    OF    NORTH    DAKOTA  37 

state  tuition  fund  that  fails  to  make  a  report  of  the  enumeration 
of  the  children  of  school  age  in  the  manner  provided  by  law,  nor 
until  the  enumeration  has  been  taken  and  reported  as  required 
by  law.  The  county  superintendent  is  empowered  to  withhold 
the  payment  of  county  tuition  from  any  district  whose  officers 
have  failed  to  make  the  reports  required  by  law ;  and,  further,  the 
county  superintendent  shall  not  authorize  the  payment  of  money 
apportioned  to  any  district  unless  the  bond  and  oath  of  the 
treasurer  of  such  district  has  been  duly  approved  and  filed  as 
provided  by  law. 

§  108.  ENUMERATION  IN  NEW  DISTRICTS.]  New  districts  organ- 
ized after  the  annual  enumeration  has  been  taken  shall  proceed 
immediately  to  take  the  enumeration  as  provided  by  law,  and 
after  the  receipt  of  such  enumeration  by  the  superintendent  of 
public  instruction  through  the  county  superintendent,  the  newly 
organized  district  shall  receive  its  proportionate  share  of  the 
funds  to  be  apportioned. 

§  109.  APPORTIONMENT  OF  FUNDS  WITHHELD,  WHEN.]  The 
county  superintendent  shall  have  the  right  to  withhold  the  appor- 
tionment of  the  county  tuition  fund  (two  mill  tax  and  school  poll 
tax)  from  any  school  district  other  than  the  new  districts  herein 
provided  for,  which  has  not  maintained  school  therein  for  a 
period  of  not  less  than  six  school  months  in  each  school  of  said 
district  during  the  school  year  preceding  such  apportionment 
or  has  not  otherwise  provided  school  facilities  for  the  pupils  of 
that  district;  provided,  further,  that  it  shall  be  mandatory  upon 
the  county  superintendent  to  withhold  the  apportionment  of  the 
county  tuition  funds  from  any  district  which  has  not  maintained 
school  for  a  period  of  at  least  five  months  in  each  school  in  said 
district  or  has  not  otherwise  provided  school  facilities  for  the 
pupils  of  that  district  for  the  school  year  preceding  such  appor- 
tionment; and  when  such  apportionment  of  county  tuition  fund 
shall  be  withheld  by  the  county  superintendent  from  any  district, 
it  shall  revert  from  the  funds  from  which  it  was  originally 
apportioned. 

§  110.  APPORTIONMENT  OF  STATE  TUITION  FUNDS  BY  COUNTY 
SUPERINTENDENT.]  Within  thirty  days  and  not  less  than  twenty 
days  after  receiving  the  certificate  of  apportionment  from  the 
superintendent  of  public  instruction  and  the  certificate  from  the 
county  auditor  as  provided  for  in  section  118  of  this  chapter, 
the  county  superintendent  shall  apportion  separately  to  the 
several  school  districts,  which  are  entitled  to  any  portion  of  the 
state  tuition  and  special  funds  within  the  county,  in  proportion 
to  the  number  of  children  residing  in  each  district  over  six  and 
under  twenty-one  years  of  age  as  appears  from  the  last  enumera- 
tion authorized  by  law,  upon  which  the  superintendent  of  public 
instruction  made  the  apportionment  to  the  several  counties,  and 
he  shall  immediately  notify  each  district  treasurer  of  the  amount 
of  tuition  fund  in  the  county  treasury  due  the  district,  and  shall 


38  GENERAL   SCHOOL  LAWS 

certify  to  the  county  treasurer  and  to  the  county  auditor  the 
amount  due  each  school  district.  The  county  treasurer  shall 
deliver  to  the  several  school  treasurers,  upon  the  order  of  the 
county  auditor,  the  amounts  apportioned  to  their  respective  dis- 
tricts, taking  a  receipt  therefor. 

§  111.  TREASURER'S  ACCOUNTS.  ANNUAL  SETTLEMENT.]  The  dis- 
trict treasurer  shall  open  new  accounts  with  each  fund  at  the  be- 
ginning of  each  school  year,  and  the  balance  of  each  fund  shall 
be  brought  down  and  become  a  part  of  the  first  entry  in  opening 
the  account  for  the  new  year.  On  the  second  Tuesday  in  July, 
the  school  board  shall  make  settlement  with  the  district  treasurer, 
and  shall  carefully  examine  his  books,  accounts,  and  vouchers, 
and  shall  ascertain  if  the  amount  of  all  warrants,  bonds  and 
coupons  paid  and  redeemed  or  paid  in  part,  together  with  the 
cash  in  his  hands  or  under  his  control,  is  equal  to  the  amount  of 
cash  on  hand  at  the  beginning  of  the  school  year,  together  with 
all  money  received  by  him  from  all  sources  for  school  purposes 
during  the  year.  The  district  treasurer  shall  deliver  to  the  board 
at  such  annual  meeting,  all  warrants,  bonds,  and  coupons  paid  and 
redeemed  by  him  during  the  school  year  and  held  by  him  as 
vouchers,  taking  the  receipt  of  the  board  therefor,  and  such 
vouchers  shall  forthwith  be  filed  with  the  district  clerk.  He 
shall  at  that  meeting  make  his  annual  report  in  triplicate,  one 
copy  to  be  preserved  in  the  treasurer's  office,  one  to  be  filed  with 
the  clerk  of  the  school  board  and  one  to  be  transmitted  to  the 
county  superintendent  of  schools,  and  the  board  shall  cause  to 
be  published  an  itemized  statement  of  the  receipts  and  expendi- 
tures of  the  preceding  year  in  a  newspaper  of  the  county  nearest 
said  school  district ;  provided,  that  if  said  board  or  treasurer  shall 
have  failed  to  publish  said  statement  by  the  first  of  September 
following  the  presentation  of  the  treasurer's  annual  report,  then 
it  shall  be  the  duty  of  the  county  superintendent  of  schools  to 
cause  the  publication  of  the  same  in  a  newspaper  of  the  county, 
said  publication  to  be  paid  for  by  the  ^  school  district.  The 
treasurer's  reports  shall  show  the  following: 

RECEIPTS. 

The  balance  at  the  close  of  the  year. 

The  amount  received  into  the  state  tuition  fund. 

The  amount  received  into  the  special  fund. 

The  amount  received  into  the  county  tuition  fund. 

The  amount  received  into  the  sinking  fund. 

EXPENDITURES. 

The  amount  paid  for  school  houses,  sites  and  furniture. 
The  amount  paid  for  apparatus  and  fixtures. 
The  amount  paid  for  teachers'  wages. 


STATE   OF   NORTH    DAKOTA  39 

The  amount  paid  for  services  and  expenses  of  school  officers. 

The  amount  paid  for  redemption  of  bonds. 

The  amount  paid  for  interest  on  bonds. 

The  amount  paid  for  incidental  expenses. 

The  cash  on  hand  at  the  close  of  the  school  year. 

Such  report  shall  include  such  other  items  as  may  be  required 
by  the  district  board,  or  the  superintendent  of  public  instruction, 
and  shall  be  upon  and  in  conformity  with  the  blanks  furnished 
him  for  that  purpose. 

§  112.  WHEN  COUNTY  TREASURER  TO  FAY  FUNDS  TO  DISTRICT 
TREASURER.]  The  treasurer  of  each  district  shall  apply  to  the 
county  auditor  for  an  order,  and  the  county  treasurer  shall  pay 
over  to  him  on  such  order  all  of  the  school  money  collected  for 
such  district  and  all  school  money  apportioned  to  surh  district 
by  the  county  superintendent  of  and  the  county  auditor  shall 
issue  such  order;  provided,  such  district  treasurer  has  qualified 
and  filed  his  oath  and  bond  as  provided  by  law.  It  shall  be  the 
duty  of  the  county  treasurer,  when  payment  is  made  to  any  school 
treasurer  or  any  funds  herein  provided  for,  immediately  to  notify 
the  clerk  of  the  school  board  of  the  payment  of  the  same. 

§  113.  COUNTY  TREASURER  TO  KEEP  ACCOUNTS  WITH  THE  SCHOOL 
CORPORATIONS.]  Each  county  treasurer  shall  keep  a  regular  ac- 
count with  each  school  corporation,  in  which  he  shall  charge 
himself  with  all  taxes  collected  by  levy  of  the  district  school  board 
and  all  sums  apportioned  to  the  district  by  the  county  superin- 
tendent or  other  authority  and  all  sums  received  from  the  district, 
and  he  shall  credit  himself  with  all  payments  made  to  the 
treasurer  of  the  district,  distinguishing  between  the  items  paid 
by  apportionment,  those  from  county  taxes  and  those  from  other 
sources.  He  shall  also  credit  himself  with  all  payments  for  re- 
demption or  endorsement  of  warrants  in  the  collection  of  taxes 
and  shall  deliver  to  the  district  treasurer  a  duplicate  tax  receipt 
for  the  amount  of  each  warrant  so  indorsed  or  redeemed,  together 
with  all  warrants  so  redeemed  at  the  time  of  making  other  regular 
payments  to  the  district  treasurer.  To  these  credits,  to  balance 
the  accounts,  he  shall  add  all  items  for  legal  fees,  for  collection  and 
other  duties. 

§  114.  SCHOOL  TAXES,  HOW  AND  WHEN  COLLECTED.]  It  shall  be 
the  duty  of  the  county  treasurer  to  collect  the  taxes  for  school 
purposes  at  the  same  time  and  in  the  same  manner  that  the  county 
and  state  taxes  are  collected,  and  full  power  is  hereby  given  him 
to  sell  property  for  school  taxes  the  same  as  is  provided  by  law 
for  the  collection  of  other  taxes,  whenever  an  error  occurs  in  the 
tax  list  of  any  school  district,  the  school  board  or  board  of  educa- 
tion in  special  or  independent  districts  or  districts  organized  un- 
der special  laws  may  correct  such  errors  and  refund  such  taxes 
improperly  collected.  All  penalties  and  interest  collected  on  de- 
linquent school  taxes -shall  be  applied  to  the  proper  fund  to  which 
such  delinquent  taxe's  belong. 


40  GENERAL   SCHOOL  LAWS 

AETICLE  VIII.— TAXES. 

§  115.  SCHOOL  BOARD  TO  LEVY  TAX.]  Each  district  school 
board  shall  have  power  and  it  shall  be  its  duty  to  levy  upon  all 
property  subject  to  taxation  in  the  district,  a  tax  for  school  pur- 
poses of  all  kinds  authorized  by  law,  not  exceeding  in  the  aggre- 
gate a  rate  of  thirty  mills  on  the  dollar  in  any  one  year.  Such 
tax  shall  be  levied  by  resolution  of  the  board  prior  to  the  twen- 
tieth day  of  July  of  each  year,  which  resolution  shall  be  entered 
in  the  records  of  the  proceedings  of  the  board.  The  clerk  shall 
immediately  thereafter  notify  the  county  auditor  in  writing  of 
the  amount  of  tax  levied,  and  such  notice  shall  be  in  substantially 
the  following  form: 

STATE  OF  NORTH  DAKOTA,  ] 

>  ss. 
COUNTY  OF j 

....School  District 


To 

County  Auditor  of  County: 

Sir: 

You  are  hereby  notified  that  the  School  Board  of 

School  District has  levied  a  tax  of dollars 

upon  all  real  and  personal  property  in  said  school  district  for 
school  purposes.  .You  will  duly  enter  and  extend  such  tax  upon 
the  county  tax  list  for  collection  upon  the  taxable  property  of  such 
school  district  for  the  current  year. 

Dated  at this day  of 19.... 


District  Clerk. 

§  116.  LEVY  TO  PAY  JUDGMENT.]  The  notice  of  a  tax  levy  to 
pay  any  judgment  against  the  district  shall  be  in  addition  to  the 
regular  tax  and  shall  be  certified  to  the  county  auditor  under 
the  same  general  form,  as  near,  as  may  be;  provided,  that  if  the 
boundaries  of  such  district  shall  embrace  a  portion  of  two 
counties  then  the  clerk  of  such  district  shall  certify  to  the  county 
auditor  of  the  county  in  which  is  located  the  original  district  to 
which  such  portions  of  the  district  embraced  in  the  other  county 
is  attached,  in  addition  to  the  tax  levy  above  mentioned,  a  list 
and  valuation  of  all  property  subject  to  taxation  in  such  portion 
of  such  district  embraced  in  the  other  county,  as  shown  by  the 
assessor  making  the  assessment  in  such  county,  township  or  assess- 
or's district,  and  the  auditor  shall  enter  such  property  upon  the  tax 
duplicate  of  his  county  and  levy  all  school  taxes  upon  the  same, 
and  the  county  treasurer  of  the  county  shall  collect  the  taxes  lev- 
ied thereon  the  same  as  other  taxes  are  collected  and  pay  the  same 
over  as  provided  by  law. 

§  117.  TAX,  HOW  LEVIED.]  The  county  auditor  of  each  county 
shall  at  the  time  of  making  the  annual  assessment  and  levy  of 


STATE   OF   NORTH    DAKOTA  41 

taxes  levy  a  tax  of  one  dollar  on  each  elector  in  the  county  for 
the  support  of  public  schools,  and  a  further  tax  of  two  mills  on 
the  dollar  on  taxable  property  in  the  county,  to  be  collected  at 
the  same  time  and  in  the  same  manner  as  other  taxes  are  col- 
lected, which  shall  be  apportioned  by  the  county  superintendent 
of  schools  among  the  school  districts  of  the  county. 

§  118.  How  APPORTIONED.]  It  shall  be  the  duty  of  the  county 
auditor  on  or  before  the  third  Monday  in  February,  May,  Aug- 
ust, and  November  in  each  year,  to  certify  to  the  county  super- 
intendent of  schools  the  amount  of  such  county  tuition  fund, 
which  the  county  superintendent  of  schools  shall  apportion  among 
the  several  school  districts  in  the  same  manner  as  provided  for 
the  apportionment  of  the  state  tuition  fund.  The  county  super- 
intendent shall  file  with  the  county  auditor  and  the  county  treas- 
urer a  certified  statement  showing  the  amount  apportioned  to 
each  district. 

§  119.  APPORTIONMENT  OF  DELINQUENT  TAXES.]  It  shall  also  be 
the  duty  of  the  county  auditor  to  certify  at  the  time  herein  spe- 
cified the  amount  of  delinquent  taxes  collected  for  the  special 
tuition  fund  prior  to  those  levied  for  the  year  1899  which  amounts 
shall  be  apportioned  by  the  county  superintendent  of  schools  as 
herein  provided. 

§  120.  MAXIMUM  LEVY  FOR  FINAL  JUDGMENT.  TAXES  TO  BE  UNI- 
FORM.] When  any  final  judgment  shall  be  obtained  against  a 
school  district  the  board  thereof  shall  levy  a  tax  upon  the  taxable 
property  of  such  district  not  exceeding  in  amount  twenty  mills 
on  the  dollar  in  any  one  year,  which  shall  be  used  in  the  pay- 
ment thereof.  The  county  auditor  shall  make  out,  charge  and 
extend  upon  the  tax  list  against  each  description  of  real  property 
and  against  all  personal  property,  and  upon  all  taxable  property 
of  the  district,  all  such  taxes  for  school  and  judgment  of  which 
he  has  been  notified,  have  been  levied  by  the  district  in  which  the 
property  is  situated  and  taxable,  in  the  same  manner  in  which 
the  county  and  state  tax  list  is  prepared,  and  deliver  it  to  the 
county  treasurer  at  the  same  time.  All  taxes  for  school  purposes 
shall  be  uniform  upon  the  property  within  each  school  district. 

§  121.  INDEBTEDNESS  OF  DISTRICT.  How  ADJUSTED  WHEN  NO 
LEGAL  SCHOOL  BOARD  EXISTS.]  If  any  school  district  in  the  state 
has  for  one  or  more  years  past,  either  through  failure  to  elect  a 
school  board  or  through  a  failure  of  the  county  superintendent 
to  appoint  a  school  board,  been  without  a  legal  school  board  or 
if  hereafter  any  school  district  through  such  failure  to  elect  or 
appoint  such  school  board  shall  be  without  such  legal  school  board 
and  such  district  shall  have  an  authorized  indebtedness  either  in 
bonds,  interest  due  on  bonds  or  otherwise,  it  shall  be  the  duty 
of  the  county  superintendent,  the  county  treasurer  and  county 
auditor,  acting  as  a  board  of  adjusters,  to  assess  upon  the  taxable 
property  of  such  school  corporation  a  tax  not  to  exceed  twenty 
mills  on  the  dollar  in  any  one  year  upon  the  assessed  valuation 


42  GENERAL   SCHOOL  LAWS 

thereof  for  the  payment  of  the  same.  Which  tax  so  levied  shall 
be  extended  upon  the  tax  lists  by  the  county  auditor  and  be  col- 
lected and  shall  be  applied  upon  and  used  for  the  payment  of 
such  indebtedness  and  shall  be  paid  to  the  creditors  of  such  dis- 
trict upon  the  warrant  of  the  county  auditor,  countersigned  by 
the  county  superintendent,  and  all  warrants,  bonds,  interest  cou- 
pons, receipted  bills  or  accounts  shall  be  filed  in  the  office  of  the 
county  auditor,  and  in  the  case  such  school  corporation  has  a 
bonded  indebtedness,  it  shall  be  the  duty  of  such  board  of  ad- 
justers to  levy  a  tax  upon  the  property  of  such  district  sufficient 
to  create  a  sinking  fund  for  the  redemption  of  such  bonds  upon 
the  maturity  of  the  same,  such  sinking  fund  to  be  levied  and 
provided  for  in  compliance  with  the  requirements  of  such  bonds. 

'  AETICLE  IX.— SPECIAL  DISTRICTS. 

§  122.  CITIES  GOVERNED  BY  THE  PROVISIONS  OP  THIS  ARTICLE.]  All 
cities  and  incorporated  towns  and  villages  which  have  heretofore, 
been  organized  under  the  general  school  laws,  and  which  are 
provided  with  a  board  of  education,  shall  be  governed  by  the 
provisions  of  this  article.  Any  city,  or  incorporated,  or  platted 
town  or  village,  may  be  constituted  a  special  school  district  in 
the  manner  hereinafter  prescribed,  and  shall  then  be  governed 
by  the  provisions  of  this  article;  provided,  that  any  city  hereto- 
fore organized  for  school  purposes  under  a  special  act,  may 
adopt  the  provisions  of  this  article  by  a  majority  vote  of  the 
voters  therein,  in  the  same  manner  as  is  provided  for  the  organ- 
ization of  a  new  corporation  under  the  provisions  of  this  article. 

§123.  SPECIAL  SCHOOL  DISTRICTS.]  "Whenever  any  platted  or  in- 
corporated city,  town  or  village  shall  constitute  a  portion  of  a 
school  district,  it  may  be  organized  into  a  special  school  district, 
alone  or  with  contiguous  territory,  and  the  property  and  indebt- 
edness of  such  organized  school  district  divided  as  hereinafter 
provided. 

§  124.  SUPERINTENDENT  SHALL  CALL  ELECTION  ON  PETITION. 
WHEN.]  In  such  cases  a  petition  signed  by  a  majority  of  the  voters 
of  such  school  district,  including  women  who  are  legal  voters,  may 
be  presented  to  the  county  superintendent  of  schools  for  the 
division  of  such  school  district  and  the  organization  of  such  city, 
town  or  village,  together  with  such  territory  contiguous  thereto 
as  may  be  described  in  said  petition,  into  a  special  school  district, 
and  setting  forth  in  detail  the  boundaries  of  such  proposed  spe- 
cial district,  the  manner  and  terms  of  the  division  of  the  property, 
real  and  personal,  and  the  indebtedness,  bonded  or  otherwise, 
of  such  school  district  as  desired  by  the  petitioners,  and  there- 
upon such  superintendent  shall  within  five  days  call  an  election 
to  be  held  in  such  proposed  special  district,  incorporated  citf, 
town  or  village,  and  an  election  to  be  simultaneously  held  in  that 
portion  of  such  school  district,  situated  outside  of  such  proposed 
special  school  district,  city,  town  or  village. 


STATE   OF   NORTH    DAKOTA  43 

§  125.  NOTICE  GIVEN,  ELECTION.  How  HELD.]  Such  superin- 
tendent shall  cause  notice  of  each  of  such  elections  to  be  given 
by  publishing  notice  thereof,  stating  the  time  and  place  of  hold- 
ing such  elections,  in  a  newspaper,  published  in  such  school  dis- 
trict (if  any),  and  if  there  is  no  newspaper  published  in  such 
school  district,  then  by  posting  three  notices  of  the  election  to 
be  held,  in  such  proposed  special  school  district,  city,  town  or 
village,  and  in  three  public  places  in  said  district  outside  of  such 
proposed  special  school  district,  city,  town  or  village.  Such 
notices  shall  be  posted  or  published  not  less  than  fourteen  days 
before  such  election.  Such  superintendent  shall  appoint  judges 
and  clerks  of  such  elections  and  the  same  shall  be  held  and  con- 
ducted in  the  same  manner,  and  the  polls  shall  be  opened  at  the 
same  time  as  in  other  school  district  elections,  and  the  result  of 
such  elections  shall  be  certified  and  delivered  to  such  superin- 
tendent within  three  days  after  the  close  of  the  polls. 

§  126.  BALLOTS.  How  PRINTED.]  There  shall  be  printed  or 
written  on  the  ballots  used  at  such  election  the  following  state- 
ment: "For  division  of  (here  state  the  name  of  the  district  to 
be  divided)  and  the  division  of  its  property  and  debts  as  follows : 
(here  state  the  boundaries  of  the  proposed  special  school  dis- 
trict and  the  manner  and  terms  of  such  division  as  set  forth  in 
the  petition  filed)."  The  voter  shall  write  after  such  statement 
the  word  "yes"  if  in  favor  of  such  division,  and  the  word  "no" 
if  against  it. 

§  127.  SUPERINTENDENT  SHALL  NOTIFY  PRESIDENT  OF  SCHOOL 
BOARD.]  Such  superintendent  shall  thereupon  forthwith  notify 
the  president  of  the  school  board  of  such  school  district  and  the 
auditor  or  clerk  of  such  city,  town  or  village,  of  the  result  of  such 
elections. 

§  128.  DISTRICTS  CONSTITUTED.]  If  such  elections  shall  each  be 
in  favor  of  the  division  of  such  school  district,  such  proposed 
special  school  district,  city,  town  or  village  shall  thereafter  con- 
stitute a  special  school  district;  and  such  original  school  district 
situated  outside  of  such  special  school  district,  city,  town  or  vil- 
lage, shall  constitute  a  common  school  district. 

§  12&-  ELECTION  FOR  SPECIAL  DISTRICT  AND  COMMON  DISTRICT.] 
The  county  superintendent  shall  thereupon  call  an  election  for 
the  election  of  officers  of  such  special  school  district  and  common 
school  district,  of  which  election  notice  shall  be  given  for  at  least 
fourteen  days;  such  elections  shall  be  held  as  in  other  cases,  in 
common  school  districts  and  special  school  districts,  and  such 
special  school  district  shall  thereafter  .be  subject  to  all  provisions 
of  law  affecting  other  school  districts.  - 

§  130.  DIVISION  OF  PROPERTY.]  Such  school  district  and  such 
special  school  district  shall  thereupon  proceed  to  divide  the  prop- 
erty of  such  original  school  district  according  to  such  petition 
.and  shall  be  bound  respectively  to  pay  the  indebtedness  of  such 


44  GENERAL   SCHOOL  LAWS 


district  as  provided  in  such  petition,  and  may  make  any  contracts 
or  conveyances  necessary  to  carry  into  effect  all  the  provisions 
of  such  petition. 

§  131.  BONDED  INDEBTEDNESS.  TAX  TO  BE  LEVIED  TO  PAY.]  In 
case  such  original  school  district  shall  have  outstanding  any 
bonded  debt  for  the  payment  of  which  no  sufficient  levy  of  taxes 
has  been  made,  the  board  of  education  of  such  special  school  dis- 
trict and  the  school  board  of  such  school  district,  shall  at  the 
time  of  making  the  next  annual  tax  levy,  levy  a  tax  sufficient  to 
pay  the  interest  and  also  the  principal  of  so  much  of  such  bonded 
debt  as  shall  be  assumed  by  said  special  school  district  and  such 
common  school  district  respectively  as  the  same  mature,  and 
shall  designate  the  amount  of  such  tax  to  be  collected  in  each 
year  thereafter,  and  shall  certify  such  levy  to  the  county  auditor, 
who  shall  thereupon  enter  and  extend  upon  the  tax  list  in  each 
year  the  amount  of  such  tax  to  be  collected  in  that  year. 

§  132.  BONDED  DEBT.  SPECIAL  SCHOOL  DISTRICT  AND  COMMON 
SCHOOL  DISTRICT  TO  PAY.]  Such  special  school  district  and  such 
common  school  district  shall  provide  for  and  pay  according  to 
the  terms  of  the  bonds,  such  portion  of  bonded  debt  as  is  assumed 
by  it. 

§  133.  ADJACENT  TERRITORY.  How  ATTACHED  FOR  SCHOOL  PUR- 
POSES.] When  any  special  school  district  has  been  organized  and 
provided  with  a  board  of  education  under  any  general  law,  or  a 
special  act,  or  under  the  provisions  of  this  article,  territory  out- 
side the  limits  thereof  but  adjacent  thereto  may  be  attached  to 
such  special  school  district  by  the  board  of  education  thereof, 
upon  application  in  writing  signed  by  a  majority  of  the  voters 
of  such  adjacent  territory;  provided,  that  no  territory  shall  be 
annexed  which  is  at  a  greater  distance  than  three  miles  from  the 
central  school  in  such  special  district,  except  upon  petition  signed 
by  two-thirds  of  the  school  voters  residing  in  the  territory  which 
is  at  a  greater  distance  than  three  miles  from  the  central  school 
in  such  special  district;  and  upon  such  application  being  made, 
if  such  board  shall  deem  it  proper  and  to  the  best  interests  of  the 
school  of  such  corporation  and  of  the  territory  to  be  attached, 
an  order  shall  be  issued  by  such  board  attaching  such  adjacent 
territory  to  such  corporation  for  school  purposes,  and  the  same 
shall  be  entered  upon  the  records  of  the  board.  Such  territory 
shall  from  the  date  of  such  order  be  and  compose  a  part  of  such 
corporation  for  school  purposes  only.  Such  adjacent  territory 
shall  be  attached  for  voting  purposes  to  such  corporation,  or,  if 
the  election  is  held  in  wards,  to  the  ward  or  wards  or  election 
precinct  or  precincts  to  which  it  lies  adjacent;  and  the  voters 
thereof  shall  vote  only  for  school  officers  and  upon  such  school 
questions;  provided,  that  nothing  in  this  act  shall  prevent  any 
such  adjacent  territory  from  being  annexed  because  of  such  adja- 
cent territory  being  in  an  adjoining  county,  and  provided,  that 
the  county  commissioners  may  detach  any  part  of  such  adjacent 


STATE    OF   NORTH    DAKOTA  45 

territory  which  is  at  a  greater  distance  than  three  miles  from 
the  central  school  in  such  special  district  and  attach  it  to  any 
adjacent  common  or  special  school  district  or  districts  upon  peti- 
tion to  do  so,  signed  by  three-fourths  of  the  legal  voters  of  such 
adjacent  territory;  provided,  further,  that  in  all  cases  fourteen 
days '  notice  of  a  hearing  before  the  board  shall  be  given,  by  pub- 
lication in  the  nearest  newspaper  and  posted  notices  in  conspicu- 
ous places,  three  in  the  special  district,  three  in  the  territory 
sought  to  be  annexed,  and  three  in  the  district  remaining  from 
which  the  territory  shall  be  taken.  And  such  territory  shall  not 
become  a  part  cf  the  special  district  until  five  days  after  such 
hearing,  upon  order  of  the  board  as  hereinbefore  provided;  and 
all  assets  and  liabilities  shall  be  equalized  according  to  section 
217. 

§  134.  NAME  OF  BODY  CORPORATE.]  Every  such  district  shall 
be  a  body  corporate  for  school  purposes  by  the  name  of  "The 
Board  of  Education  of  the  City,  town  or  village  (as  the  case  may 

be)  of (here  insert  the  corporate  name 

of  the  city,  town  or  village)  of  the  State  of  North  Dakota,"  and 
shall  possess  all  the  powers  and  duties  usual  to  corporations  for 
public  purposes  or  conferred  upon  it  by  this  article  or  which  may 
hereafter  be  conferred  upon  it  by  law ;  and  in  such  name  it  may 
sue  and  be  sued,  contract  and  be  contracted  with,  and  hold  and 
convey  such  real  and  personal  property  as  shall  come  into  its 
possession  by  will  or  otherwise;  and  it  shall  procure  and  keep  a 
corporate  seal  by  which  its  official  acts  may  be  attested. 

§  135.  CONVEYANCE  OF  SCHOOL  PROPERTY.  How  EXECUTED.]  Any 
such  city  or  incorporated  town  or  village  is  authorized  and  re- 
quired upon  the  request  of  the  board  of  education,  to  convey  to 
such  board  of  education  all  property  within  the  limits  of  any 
such  corporation  heretofore  purchased  by  it  for  school  purposes 
and  now  held  and  used  for  such  purposes,  the  title  to  which  is 
vested  in  any  such  civil  corporation.  All  conveyances  for  such 
property  shall  be  signed  by  the  mayor  or  president  of  the  board 
of  trustees  or  commission  and  attested  by  the  clerk  of  such  cor- 
poration, and  shall  have  the  seal  of  the  corporation  affixed  thereto 
and  be  acknowledged  by  the  mayor  or  president  in  the  same 
manner  as  other  conveyances  of  real  estate. 

§  136.  SPECIAL  SCHOOL  DISTRICTS.  How  ORGANIZED.]  When  a 
petition  signed  by  one-third  of  the  voters  of  a  city,  incorporated 
or  platted  town  or  village,  or  a  school  district  in  w^hich  is  located 
a  city  or  incorporated  or  platted  town  or  village  entitled  to  vote 
at  such  election,  is  presented  to  the  council,  commission  or  board 
of  trustees  of  such  city,  incorporated  or  platted  town  or  village 
or  school  district,  asking  that  such  city,  incorporated  or 
platted  town  or  village  or  school  district  be  organized 
as  a  special  school  district,  such  council,  commission  or 
board  of  trustees  shall  within  ten  days  order  an  elec- 
tion for  such  purpose,  notice  of  which  shall  be  given, 


46  GENERAL   SCHOOL  LAWS 

and  the  election  conducted  and  the  returns  made  in  the 
manner  provided  by  law  for  the  annual  school  election;  and  the 
voters  of  such  city,  incorporated  town  or  village  or  school  dis- 
trict shall  vote  for  or  against  organization  as  a  special  school 
district  at  such  election. 

§  137.  ELECTION  OF  FIRST  BOARD  OF  EDUCATION.]  If  a  majority 
of  the  votes  cast  at  such  election  is  for  organization  as  a  special 
school  district,  another  election  shall  be  called  in  the  same  man- 
ner as  is  prescribed  in  the  foregoing  section,  at  which  the  voters 
of  such  city,  incorporated  town  or  village  or  school  district  shall 
elect  five  members  of  the  board  of  education,  two  of  whom  shall 
serve  until  the  first  annual  election,  two  until  the  second  annual 
election,  and  one  until  the  third  annual  election  thereafter,  and 
until  their  successors  are  elected  and  qualified,  and  their  respec- 
tive terms  shall  be  determined  by  lot. 

§  138.  TERMS  OF  OFFICE.  .QUORUM.]  The  board  of  education 
of  each  special  district  shall  consist  of  five  members  who  shall 
be  elected  'by  the  legal  voters  thereof  and  who  shall  hold  their 
office  for  the  term  of  three  years  and  until  their  successors  are 
elected  and  qualified,  except  as  provided  for  first  elections  under 
this  article ;  and  three  members  shall  constitute  a  quorum  for  the 
transaction  of  business  at  any  legal  meeting. 

§  139.  COMPENSATION  OF  MEMBERS.  MUST  NOT  BE  INTERESTED 
IN  CONTRACTS.]  Each  member  of  such  board  of  education  shall 
receive  a  compensation  of  one  dollar  and  fifty  cents  for  each 
meeting  of  such  board  actually  attended  by  him;  provided,'  that 
no  compensation  shall  be  allowed  for  more  than  one  meeting  in 
each  calendar  month.  The  members  shall  not  be  interested, 
directly  or  indirectly,  in  any  contract  for  making  any  improve- 
ments or  repairs,  or  for  erecting  any  building  or  for  furnishing 
any  materials  or  supplies  for  their  district. 

§  140.  MEETINGS  OF  BOARD.]  The  annual  meeting  of  such 
board  of  education  shall  be  held  on  the  second  Tuesday  in  July 
following  the  annual  election,  at  which  time  the  newly  elected 
members  shall  assume  the  duties  of  their  office.  The  board  shall 
meet  for  the  transaction  of  business  as  often  as  once  in  each 
calendar  month  thereafter  and  may  adjourn  for  a  shorter  time. 
Special  meetings  may  be  called  by  the  president  or  in  his  absence 
by  any  two  members  of  the  board  or  by  giving  a  personal  notice 
to  each  member  of  the  board  or  by  causing  a  written  or  printed 
notice  to  be  left  at  his  place  of  residence,  at  least  forty-eight 
hours  before  the  time  of  such  meeting. 

§  141.  ORGANIZATION  OF  BOARD.]  At  the  annual  meeting  on  the 
second  Tuesday  in  July  of  each  year  such  board  of  education 
shall  organize  by  electing  a  president  from  among  its  members 
who  shall  serve  for  one  year;  and  they  shall  also  elect  a  clerk, 
not  one  of  their  own  number,  who  shall  hold  his  office  during  the 
pleasure  of  the  board  and  receive  such  compensation  for  his  ser- 
vices as  shall  be  fixed  by  the  board.  In  the  absence  of  the  presi- 


STATE   OF   NORTH    DAKOTA  47 

dent  at  any  meeting,  a  president  pro  tempore  may  be  elected  by 
the  board. 

§  142.  DUTIES  OF  PRESIDENT.]  The  president  shall  preside  at 
all  meetings  of  the  board,  appoint  all  committees  whose  appoint- 
ment is  not  otherwise  provided  for  and  sign  all  warrants  ordered 
by  the  board  to  be  drawn  upon  the  treasurer  for  school  moneys 
and  perform  other  acts  required  by  law. 

§  143.  DUTIES  OF  CLERK.  RECORDS.]  The  clerk  shall  keep  a 
true  record  of  all  the  proceedings  of  the  board,  take  charge  of 
its  books  and  documents,  countersign  all  warrants  for  school 
moneys  drawn  upon  the  treasurer  by  order  of  the  board  and  affix 
the  corporate  seal  thereto  and  perform  such  other  duties  as  the 
board  may  require.  The  records,  books,  vouchers  and  papers  of 
the  board  shall  be  open  to  examination  by  any  taxpayer  of  the 
district.  Such  record  or  a  transcript  thereof  certified  by  the 
clerk  and  attested  by  the  seal  of  the  board,  shall  be  received  in 
all  courts  as  prima  facie  evidence  of  the  facts  therein  set  forth. 

§  144.  POWERS  AND'DUTIES  OF  BOARD.]  Each  board  of  educa- 
tion shall  have  the  power  and  it  shall  be  its  duty : 

1.  To   establish  a  system  of  graded  common  schools  which 
shall  be  free  to  all  children  of  legal  school  age,  residing  within 
such  special  district,  and  shall  be  kept  open  not  less  than  seven 
nor  more  than  ten  months  in  any  year. 

2.  To  establish  and  maintain  such  schools  in  its  city,  town  or 
village  as  it  shall  deem  requisite  or  expedient  and  to  change  or 
discontinue  the  same. 

3.  To  establish  and  maintain  a  high  school,  whenever  in  its 
opinion  the  educational  interests  of  the  corporation  demand  the 
same,  in  which  such  courses  of  study  shall  be  pursued  as  shall 
be  prescribed  or  approved  by  the  superintendent  of  public  in- 
struction, together  with  such  additional  courses  as  such  board  of 
education  may  thereafter  deem  advisable  to  establish. 

4.  To  purchase,   sell,   exchange  and  hire  school  houses  and 
rooms,  lots  or  sites  for  school  houses,  and  to  fence  and  otherwise 
improve  them  as  it  deems  proper. 

5.  Upon  such  lots  and  upon  such  sites  as  may  be  Qwned  by 
such  special  district,  to  build,  alter,  enlarge,  improve  and  repair 
school  houses,  outhouses  and  appurtenances  as  it  may  deem  ad- 
visable. 

6.  To  purchase,  sell,  exchange,  improve  and  repair  school  ap- 
paratus, text  books  for  the  use  of  the  pupils,  furniture  and  ap- 
pendages, and  to  provide  fuel  for  the  schools. 

7.  To  have  the  custody  of  all  school  property  of  every  kind 
and  to  see  that  the  ordinances  and  by-laws  of  the  city  or  village 
in  relation  thereto  are  observed. 

8.  To  contract  with,  employ    and    pay    all  teachers  in  such 
schools  and  to  dismiss  and  remove  for  cause  any  teacher  when- 
ever the  interests  of  the  school  may  require  it;  but  any  such 
teacher  shall  be  required  to  hold  a  certificate  to  teach,  issued  by 


48  GENERAL   SCHOOL  LAWS 

the  county  superintendent  or  the  superintendent  of  public  instruc- 
tion, and  if  any  such  teacher  holds  only  an  elementary  certificate 
the  board  may  impose  such  further  requirements  as  the  best  in- 
terests of  the  several  grades  may  require.  No  person  who  is  re- 
lated to  any  member  of  the  board,  by  blood  or  marriage,  shall 
be  employed  as  a  teacher  without  the  concurrence  of  the  entire 
board. 

9.  To  employ,  should  it  deem  expedient,  a  competent  and  dis- 
creet person  as  superintendent  of  schools  for  a  period  not  to 
exceed  three  years,  and  to  pay  such  person  a  reasonable  salary; 
such  superintendent  may  be  required  to  act  as  principal  or  teacher 
in  such  school. 

10.  To  defray  the  necessary  and  contingent  expenses  of  the 
board,  including  the  compensation  of  its  clerk. 

11.  To  adopt,  alter  and  repeal,  whenever  it  may  deem  exped- 
ient, rules  and  regulations  for  the  reception,  organization,  grad- 
ing, government  and  instruction  of  pupils,  their  suspension,  ex- 
pulsion or  transfer  from  one  school  to  another.     But  no  pupil 
shall  be  suspended  or  expelled  except  for  insubordination,  habi- 
tual indolence  or  disorderly  conduct;  such  suspension  shall  not 
be  for  a  longer  period  than  ten  days,  nor  such  expulsion  beyond 
the  end  of  the  current  term  of  school. 

12.  Each  member  shall  visit,  at  least  twice  in  each  year,  all 
the  public  schools  in  the  city  or  village. 

13.  To  make  a  report  on  July  1st,  or  as  soon  thereafter  as 
practicable,  of  the  progress,  prosperity  and  condition,  financial 
as  well  as  educational,  of  all  the  schools  under  its  charge,  a  copy 
of  which,   together  with  such  further  information  as  shall  be 
required  by  the  superintendent  of  public  instruction,   shall  be 
forwarded  to  the  county  superintendent,  the  same  as  reports  are 
made  by  other  school  districts;   and  such  report  or  such  por- 
tion thereof  as  the  board  of  education  shall  consider  advantageous 
to  the  public,  shall  be  published  in  a  newspaper  in  the  city  or 
village,  and  in  cities  of  over  eight  hundred  inhabitants  it  may 
be  published  in  pamphlet  form. 

14.  To  admit  children  of  persons  not  living  in  'such  special 
district,  and  to  fix  and  collect  the  tuition  therefor,  if  in  its  judg- 
ment the  best  interests  of  the  school  will  permit. 

15.  To   cause  an  enumeration  to  be  made   annually,   of  the 
children  of  school  age  within  such  special  district,  including  those 
residing  in  any  territory  thereto  attached  for  school  purposes,  as 
provided  for  other  school  districts,  and  return  the  same  to  the 
county  superintendent. 

§  145.  SCHOOL  UNDER  SUPERVISION  OP  WHOM.]  The  schools  of 
each  special  district  shall  be  under  the  immediate  supervision  of 
the  board  of  education  or  the  school  superintendent  appointed  by 
such  board. 

§  146.  TREASURER,  CUSTODIAN  OF  SCHOOL  MONEYS.]  All  moneys 
from  whatever  source,  which  the  board  of  education  of  any 


STATE   OF   NORTH    DAKOTA  49 

special  district  shall  by  law  be  authorized  to  receive,  shall  be  paid 
over  to  the  treasurer  of  the  said  board  and  he  shall  charge  the 
same  to  the  proper  fund. 

§  147.  TREASURER.]  The  treasurer  of  any  city,  town  or  village 
comprising  a  special  district  shall  be  treasurer  of  the  board  of 
education  thereof;  provided,  however,  should  the  said  special 
school  district  have  within  its  boundaries  and  be  comprised  partly 
of  territory  without  the  limits  of  said  city,  town  or  village, 
then  the  said  special  school  district  shall  elect,  at  its  regular 
elections,  a  treasurer  in  the  manner  provided  by  law  for  the 
election  of  school  district  treasurer. 

§  148.  TREASURER.  DUTIES  OF.]  The  treasurer  of  each  board 
of  education  shall  keep  a  true  account  of  the  receipts  and  ex- 
penditures of  the  various  funds  separately,  and  shall  prepare 
and  submit  in  writing  a  quarterly  report  of  the  state  of  the 
finances  of  the  district,  and  shall,  when  required,  produce  at 
any  meeting  of  such  board,  or  any  committee  appointed  for  the 
purpose  of  examining  his  accounts,  all  books  and  papers  per- 
taining to  his  office.  He  shall  safely  keep  in  his  possession  or 
under  his  control  all  school  moneys  coming  into  his  hands,  and 
shall  pay  out  such  moneys  only  upon  a  warrant  signed  by  the 
president,  countersigned  by  the  clerk  and  attested  by  the  cor- 
porate seal  of  the  board. 

§  149.  TREASURER'S  BOND.]  The  treasurer  of  the  board  shall 
execute  a  bond  to  such  board,  with  sufficient  sureties  to  be  ap- 
proved by  the  board,  in  such  sum  as  such  board  may  from  time 
to  time  require,  as  near  as  can  be  ascertained  in  double  the 
amount  of  the  moneys  likely  to  come  into  his  hands,  conditioned 
for  the  faithful  discharge  of  his  duties  as  treasurer ;  which  bond 
shall  be  in  addition  to  his  bond  to  the  city,  town  or  village. 
In  case  of  the  failure  of  the  city,  town  or  village  treasurer  to 
give  such  bond  within  ten  days  after  being  required  so  to  do 
by  such  board  of  education,  such  treasurer's  office  shall  become 
vacant  and  the  council  or  board  of  trustees  of  such  city,  town 
or  village  shall  appoint  another  person  to  his  place,  who  shall 
give  such  additional  bonds. 

§  150.  TAXABLE  PROPERTY.]  The  taxable  property  of  the  whole 
school  corporation  including  the  territory  attached  for  school 
purposes  shall  be  subject  to  taxation.  All  taxes  collected  for 
the  benefit  of  the  school  shall  be  paid  in  money,  and  shall  be 
placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of  the 
board  of  education. 

§  151.  ANNUAL  SCHOOL  TAX.]  The  board  of  education  shall  on 
or  before  the  twentieth  day  of  July  of  each  year  levy  a  tax  for 
the  support  of  the  schools  of  the  corporation,  including  any 
expenditures  allowed  by  law,  for  the  fiscal  year  next  ensuing, 
not  exceeding  in  any  one  year  thirty  mills  on  the  dollar  on  all 
the  real  and  personal  property  within  the  district  which  is  taxable 
according  to  the  laws  of  this  state,  the  amount  of  which  levy 


50  GENERAL   SCHOOL  LAWS 

the  clerk  of  the  board  shall  certify  to  the  county  auditor,  who 
is  authorized  and  required  to  place  the  same  on  the  tax  roll 
of  such  county  to  be  collected  by  the  county  treasurer  as  other 
taxes  and  paid  over  by  him  to  the  treasurer  of  the  board  of 
education  of  whom  he  shall  take  a  receipt  in  duplicate,  one  of 
which  he  shall  file  in  his  office  and  the  other  he  shall  forthwith 
transmit  to  the  clerk  of  the  board  of  education. 

§  152.  EXPENDITURES.  CONTRACTS.]  No  expenditure  involving 
an  amount  greater  than  one  hundred  dollars  shall  be  made 
except  in  accordance  with  the  provisions  of  a  written  contract, 
and  no  contract  involving  an  expenditure  of  more  than  five 
hundred  dollars  for  the  purpose  of  erecting  any  public  buildings 
or  making  any  improvements  shall  be  made  except  upon  sealed 
proposals  and  to  the  lowest  responsible  bidder,  after  public  notice 
for  fourteen  days  previous  to  receiving  such  bids. 

§  153.  BOARD  ASSUMES  CONTROL  AFTER  EQUALIZATION  OF  DEBTS 
AND  PROPERTY.]  When  any  board  of  education  shall  be  organized 
under  the  provisions  of  this  article,  it  shall,  after  the  equalization 
hereinafter  provided  for,  assume  control  of  the  schools  of  the 
city,  town  or  village,  and  shall  be  entitled  to  the  possession  of 
all  property  of  the  former  district  or  districts  or  parts  thereof 
lying  within  such  city,  town  or  village,  for  the  use  of  schools. 
Such  board  shall  also  be  entitled  to  its  due  proportion  of  all 
moneys  on  hand  and  taxes  already  levied  but  not  collected,  and 
shall  be  liable  for  a  proper  amount  of  the  debts  and  liabilities 
of  such  former  district,  to  be  determined  in  the  manner  provided 
in  this  chapter  for  the  equalization,  determination  and  division 
of  debts,  property  and  assets  of  school  districts  consolidated  or 
divided. 

§  154.  SPECIAL  DISTRICT  MAY  BECOME  PART  OF  COMMON  SCHOOL 
DISTRICT  WHEN.]  Any  special  district  organized  under  the  general 
school  laws  and  provided  with  a  board  of  education  may  become 
a  part  of  the  common  school  district  in  which  it  is  located,  when- 
ever it  is  so  decided  by  a  majority  vote  of  the  school  electors  of 
the  city,  town  or  village  and  of  such  common  school  district 
voting  at  an  election  called  for  that  purpose.  An  [election]  for 
such  purpose  shall  be  ordered  and  proper  notice  thereof  given 
by  the  board  of  education  of  the  special  district,  and  the  school 
board  of  such  common  school  district  in  the  same  manner  as  is 
required  for  the  election  of  school  officers  in  such  district,  when 
petitioned  by  one-third  of  the  voters  resident  in  such  district; 
and  when  so  united  the  determination  and  division  of  the  debts, 
property  and  assets  shall  be  made  by  arbitration  as  provided  in 
this  chapter  for  school  districts  consolidated  or  divided.  Villages 
not  incorporated  but  heretofore  organized  under  the  general 
school  laws  and  provided  with  a  board  of  education  shall  become 
a  part  of  the  school  district  in  which  they  are  located  and  the 
determination  and  division  of  the  property,  debts  and  assets  shall 
be  made  by  arbitration  as  aforesaid. 


STATE   OP   NORTH    DAKOTA  51 

§  155.  ELECTION  OF  BOARDS  OF  EDUCATION  IN  SPECIAL  DISTRICTS.] 
On  the  first  Tuesday  in  June,  each  year,  an  election  shall  be  held 
in  each  special  district  at  which  such  members  of  the  board  of 
education  shall  be  elected  at  large  as  shall  be  necessary  to  fill 
all  vacancies  therein  caused  by  expiration  of  terms  of  office  or 
otherwise,  and  each  member  elected  shall  serve  for  a  term  of 
three  years  commencing  on  the  second  Tuesday  in  July  following 
his  election  and  until  his  successor  is  elected  and  qualified  except 
when  elected  to  serve  an  unexpired  term.  The  polls  shall  be 
open  at  9  o'clock  a.  m.  and  kept  open  until  4  o'clock  p.  m.  on 
the  day  of  such  election. 

§  156.  NOTICE  OF  ELECTION.]  Such  election. shall  be  called  by 
the  board  of  education  of  such  special  district,  which  shall  cause 
notice  thereof  to  be  posted  or  published  as  required  by  law  for 
the  annual  election  of  civil  officers  in  the  city,  town  or  village 
comprising  such  special  district;  such  notice  shall  be  signed  by 
the  clerk,  or,  in  his  absence,  by  the  president  of  the  board  of 
education  of  such  district,  and  shall  state  the  time  and  place  of 
holding  such  election  and  what  officers  are  to  be  elected  and 
their  terms. 

§  157.  NOTICE  OF  ELECTION,  FORM  OF.]  Such  notice  shall  be 
in  substantially  the  following  form: 

Notice  is  hereby  given  that  on  Tuesday,  the 

day  of  June,  A.  D an  annual  election  will  be 

held  at (here  insert  polling  place)  for  the  purpose 

of  electing  the  following  members  of  the   board  of  education 

(here  insert  terms  for  which  they  are  to  be 

elected),  for  the  city,  town  or  village (here 

insert  name)  and  the  polls  will  be  open  at  nine  o'clock  a.  m.  and 
closed  at  four  o'clock  p.  m.  of  that  day. 
By  order  of  the  board  of  education. 

Signed: 

Clerk. 

§  158.  ELECTION  PRECINCTS  AND  OFFICERS  OF  ELECTION.]  At  least 
fourteen  days  prior  to  such  election  the  board  of  education  of 
each  special  district  shall  designate  one  polling  place  and  appoint 
two  persons  to  act  as  judges  and  two  persons  to  act  as  clerks. 
Before  opening  the  polls  each  of  such  judges  and  clerks  shall 
take  an  oath  that  he  will  perform  his  duties  as  judge  or  clerk 
(as  the  case  may  be)  according  to  law  and  to  the  best  of  his 
ability,  which  oath  may  be  administered  by  any  officer  authorized 
to  administer  oaths  or  by  either  of  said  judges,  or  clerks  to  the 
others. 

§  159.  CANVASS  OF  RETURNS.]  Such  election  shall  be  conducted, 
the  votes  canvassed  in  the  manner  provided  by  law  for  election 
of  county  officers,  and  returns  shall  be  made  showing  the  number 
of  votes  cast  for  each  person  for  any  office,  which  shall  be 
signed  by  the  judges  and  clerks  of  election,  and  the  person  re- 
ceiving the  highest  number  of  votes  for  each  office  in  the  district 


52  GENERAL   SCHOOL  LAWS 

shall  be  declared  elected,  and  the  returns  shall  be  filed  with  the 
clerk  of  the  board  of  education  within  two  days  thereafter. 

§  160.  CERTIFICATES  OF  ELECTION.]  The  clerk  of  the  board  shall 
give  to  each  person  elected  at  such  election  a  certificate  stating 
that  he  was  duly  elected  as  a  member  of  the  board  of  education 
and  the  time  he  is  to  take  the  oath  and  enter  upon  the  duties  of 
his  office.  Such  clerk  shall  also,  within  five  days,  certify  to  the 
county  superintendent  of  schools  the  persons  so  elected  and  their 
terms. 

§  161.  OATH  OF  OFFICE.]  Before  entering  upon  the  duties  of 
his  office  each  person  elected  or  appointed  as  a  member  of  the 
board  of  education  shall  take  the  oath  or  affirmation  prescribed 
in  section  211  of  the  constitution,  which  oath  shall  be  filed  with 
the  clerk  of  the  board. 

§  162.  VACANCIES.  How  FILLED.]  The  board  of  education  of 
each  city,  town  or  village  shall  have  power  to  appoint  a  person 
to  fill  any  vacancy  which  may  occur  in  the  board;  and  such 
appointee  shall  hold  his  office  until  the  next  annual  school 
election,  at  which  time  a  person  shall  be  elected  to  serve  for  the 
unexpired  term;  but  if  such  vacancy  shall  occur  within  ten  days 
before  an  annual  election,  such  appointee  shall  hold  office  until 
the  annual  election  in  the  following  year.'  "When  any  such  ap- 
pointment shall  be  made  the  clerk  shall  certify  the  same  to  the 
county  superintendent. 

§  163.  BdNDS,  HOW  AND  WHEN  ISSUED.]  Whenever  the  taxes 
authorized  by  law  shall  not  be  sufficient  or  shall  be  deemed  by 
the  board  of  education  to  be  burdensome,  bonds  may  be  issued 
and  negotiated  for  the  purpose  of  raising  money  to  purchase  a 
site  or  to  erect  suitable  buildings  thereon,  or  to  fund  any  out- 
standing indebtedness,  or  for  the  purpose  of  taking  up  any  out- 
standing bonds  of  the  school  corporation;  provided,  that  the 
issuance  of  such  bonds  shall  first  be  authorized  by  the  voters  of 
such  special  district  as  hereinafter  prescribed.  Such  bonds  shall 
be  signed  by  the  president  and  clerk  and  attested  by  the  corporate 
seal  of  the  board,  shall  bear  the  date  of  their  issue,  and  be  payable 
in  not  less  than  five  nor  more  than  twenty  years  from  their  date, 
at  such  place  as  shall  be  designated  upon  their  face. 

§  164.  DENOMINATION  OF  BONDS.]  The  denominations  of  the 
bonds  which  may  be  issued  under  the  provisions  of  this  article 
shall  be  fifty  dollars  or  some  multiple  of  fifty,  and  shall  bear 
interest  at  not  more  than  five  per  cent  per  annum,  payable  semi- 
annually  on  the  .first  day  of  January,  and  July  in  each  year,  shall 
show  upon  their  face  that  they  are  issued  for  school  purposes, 
and  shall  be  sold  at  not  less  than  par.  Each  bond  shall  have 
endorsed  thereon  the  certificate  of  the  clerk  stating  that  such 
bond  is  issued  pursuant  to  law  and  is  within  the  debt  limit 
prescribed  by  the  constitution. 

§  165.  BONDS.  ELECTION  FOR  ISSUING.]  Before  issuing  any 
such  bonds  the  board  of  education  shall  call  an  election'  for  the 


STATE    OF    NORTH     DAKOTA  f>3 

purpose  of  submitting  to  the  voters  of  the  district  the  question 
of  issuing  such  bonds,  notice  of  which  shall  be  given  in  the  manner 
prescribed  by  law  for  giving  notice  of  the  annual  election  for  the 
several  officers  of  the  city,  town  or  village  comprising  such  special 
district,  except  that  such  notice  shall  be  given  fourteen  days 
before  such  election.  Such  election  shall  be  conducted  and  the 
returns  made  in  the  manner  provided  for  the  annual  election  of 
members  of  the  board  of  education  and  may  be  held  at  the  time 
of  the  annual  school  election  or  at  any  other  time  named  in  such 
notice.  The  notice  of  such  election  shall  clearly  state  the  amount 
of  the  bonds  proposed  to  be  issued,  the  time  in  which  they  shall 
be  made  payable,  'the  purpose  for  wrhich  they  are  to  be  issued, 
and  the  time  and  place  such  election  will  be  held.  At  such  elec- 
tion the  voters  shall  have  written  or  printed  on  their  ballots  ''for 
issuing  bonds"  or  "against  issuing  bonds,"  and  if  a  majority  of 
the  votes  cast  is  for  issuing  bonds  such  bonds  shall  be  issued  and 
negotiated  by  such  board  of  education,  but  if  a  majority  thereof 
is  against  issuing  bonds  such  bonds  shall  not  be  issued,  nor  shall 
the  question  be  again  submitted  for  one  year  thereafter  except 
for  a  different  amount  and  then  only  upon  a  written  petition  of 
a  majority  of  the  voters  of  the  district. 

§  166.  BONDS  TO  SPECIFY  WHAT.  DEBT  LIMIT.]  The  bonds, 
the  issuance  of  which  is  provided  for  in  the  foregoing  section, 
shall  specify  the  rate  of  interest  and  the  time  when  the  principal 
and  interest  shall  be  paid;  and  no  district  shall  issue  bonds  in 
pursuance  of  this  article  in  a  sum  greater  than  five  per  cent 
of  its  assessed  valuation,  including  other  debts. 

§  167.  LEVY  FOR  INTEREST  AND  SINKING  FUND.]  The  board  of 
education  at  the  time  of  its  annual  tax  levy  for  the  support  of 
schools  shall  also  levy  a  sufficient  amount  to  pay  the  interest 
as  the  same  accrues  on  all  bonds  issued  under  the  provisions  of 
this  article,  and  also  to  create  a  sinking  fund  for  the  redemption 
of  such  bonds,  which  it  shall  levy  and  collect  in  addition  to 
the  rate  per  cent  authorized  by  the  provisions  aforesaid  for  school 
purposes,  and  such  amount  of  funds  when  paid  into  the  treasury 
shall  be  arid  remain  a  special  fund  for  such  purpose  only,  and 
shall  not  be  apportioned  in  any  other  way  except  as  hereinafter 
provided.  At  or  before  the  issuance  of  any  bonds  as  herein 
provided  the  board  shall  by  resolution  provide  for  such  annual 
levy  to  pay  the  interest  and  to  create  such  sinking  fund,  and 
such  resolution  shall  remain  in  force  until  all  such  bonds  and 
the  interest  thereon  shall  have  been  paid. 

§  168.  INVESTMENT  OF  SINKING  FUNDS.  SCHOOL  DISTRICTS.]  All 
moneys  raised  for  the  purpose  of  creating  a  sinking  fund  for  the 
final  redemption  of  all  bonds  issued  under  article  71  of  Chapter 
9  of  the  Civil  Code  of  the  state  shall  be  invested  annually  by 
the  board  of  education  of  any  special  school  district  in  this  state 
as  follows,  viz : 

1.     In  the  bonds  of  this  state  or  of  the  United  States. 


54  GENERAL   SCHOOL  LAWS 

2.  .A  special  school  district  board  may  designate  one  or  more 
national  or  state  banks  in  the  county  where  such  special  school 
district  is  situated,  as  a  depositary  for  such  sinking  fund,  and  in 
such  case  the  school  board  shall  advertise  for  at  leaSt  fourteen 
days  in  some  newspaper  printed  within  the  limits  of  said  special 
school  district,  if  there  be  one,  if  not,  in  the  county  where  said 
school  district  is  situated,  for  sealed  proposals  for  the  deposit 
of  the  sinking  fund  of  such  school  district,  reserving  the  right  to 
reject  any  and  all  bids,  and  satisfying  itself  of  the  responsibility 
of  all  banks  proposing  to  act  as  depositaries.     Before  any  bank 
shall  be  designated  as  such  depositary,  it  shall  present  to  the 
school  board  a  sealed  proposal  stating  in  writing  what  rate  of 
interest  will  be  paid  for  the  deposit  of  such  sinking  funds,  and 
shall  submit  to  the  board  for  its  approval  a  bond  payable  to 
the  special  school  district  conditioned  for  the  safe  keeping  and 
repayment  of  any  funds  deposited  in  such  bank,    which    bond 
shall  be  signed  by  not  less  than  three  freeholders  of  this  state 
as  sureties  or  some  surety  bond  company  qualified  to  do  business 
in  this  state,  and  such  bond  to  be  in  the  sum  required  by  the 
school  board  and  in  no  case  to  be  less  than  double  the  probable 
amount  of  the  funds  to  be  deposited  in  such  bank.     The  approval 
of  such  bond  shall  be  endorsed  thereon  by  the  board  and  deposited 
with  the  county  auditor,  and  any  bank  whose  bond  shall  have 
been  so  approved  shall  thereupon  be  designated  by  the  school 
board  as  a  depositary  for  the  sinking  fund,  and  shall  continue 
as  such  until  such  time  as  the  board  shall  direct  the  withdrawal 
of  such  funds  or  until  such  funds  are  needed  for  the  payment  or 
the  purchase  of  bonds  as  provided  in  this  act.     When  the  sinking 
fund  of  any  special  school  district  is  deposited  by  the  treasurer 
of  the  board  of  education  of  said  school  district  in  the  name  of 
the  school  district  in  such  depositary,  such  treasurer   and  his 
sureties  shall  be  exempt  from  all  liability  thereon  by  reason  of 
loss  of  any  such  funds  from  the  failure,  bankruptcy  or  any  other 
act  of  any  such  bank,  to  the  extent  only  of  such  funds  in  the 
hands  of  such  bank  or  banks  at  the  time  of  such  failure   or 
bankruptcy.     Such  depositary  shall  furnish  to  the  clerk  of  the 
board  of  education  of  such  special  school  district  prior  to  the 
fifth  day  of  July  of  each  year,  a  verified  statement  of  the  school 
district  account  with  such  depositary  for  the  year  ending  June 
30th,  which  statement  shall  show  a  credit  to  such  deposit  account 
of  all  sums  of  interest  accruing  on  the  sinking  fund  deposited. 

3.  The  board  of  education  of  any  special  school  district  may 
,buy  and  cancel  the  bonds  of  such  district  and  pay  for  the  same 

with  the  moneys  in  the  sinking  fund  created  to  pay  such  bonds. 

4.  In  first  mortgages  on  farm  lands  in  this  state  only  in  the 
following  manner,  to-wit: 

(a)  That  said  first  mortgages  and  all  of  them  shall  run  for 
a  period  of  time  not  to  exceed  ten  years  and  that  the  funds  so 
invested  shall  bear  interest  at  a  rate  not  less  than  six  per  cent 


STATE   OF   NORTH    DAKOTA  55 

per  annum  and  such  interest  when  paid  shall  be  covered  into  and 
become  a  part  of  the  said  sinking  fund. 

(b)  First  mortgage  loans  shall  be  made  only  upon  cultivated 
lands  within  the  state,  and  in  no  case  on  lands  of  which  the 
appraised  value  is  less  than  seven  dollars  and  fifty  cents  per 
acre,  and  in  sums  not  to  exceed  forty  per  cent  of  the  appraised 
valuation  of  such  lands.  Such  appraisement  to  be  made  by  the 
school  board  of  such  special  school  district  or  by  some  competent 
person  designated  by  them  for  the  purpose. 

§  169.  SATISFACTION  AND  FORECLOSURE  OF  MORTGAGES.]  All  or 
any  of  said  mortgages  may  be  satisfied  at  any  time  after  five 
years  from  the  date  when  made,  on  payment  of  the  full  amount 
due  thereon,  by  any  instrument  in  writing  executed  in  the  cor- 
porate name  of  the  special  school  district  which  shall  be  the 
payee  in  all  notes  taken  for  loans  as  herein  provided  and  the 
mortgagee  in  all  mortgages  taken.  Such  instrument  to  be  exe- 
cuted and  acknowledged  in  the  same  manner  as  is  or  may  be 
provided  for  by  law  for  the  execution  and  acknowledgment  of 
transfers  of  real  estate  by  corporations.  Such  mortgages  may 
be  foreclosed  by  advertisement  or  an  action  in  the  name  of  the 
special  school  district  in  any  court  of  competent  jurisdiction  as 
is  now  or  may  be  provided  by  law. 

§  170.  INTEREST  COUPONS.]  When  the  interest  coupons  of  the 
bonds  hereinbefore  authorized  shall  become  due  they  shall  be 
promptly  paid  by  the  treasurer,  upon  presentation,  out  of  any 
moneys  in  his  hands  collected  for  that  purpose,  and  he  shall 
indorse  in  red  ink  upon  the  face  of  such  coupons  the  word  "paid" 
and  the  date  of  payment  and  sign  the  initials  of  his  name. 

§  171.  SECURITY  FOR  PAYMENT  OF  BONDS.]  The  school  fund  and 
property  of  such  school  corporation  and  territory  attached  for 
such  purposes  is  hereby  pledged  to  the  payment  of  the  interest 
and  principal  of  the  bonds  mentioned  in  this  article  as  the  same 
may  become  due. 

§  172.  BOND  REGISTER.]  The  clerk  of  the  board  of  education 
shall  register  in  a  book  provided  for  that  purpose  the  bonds  is- 
sued under  this  article,  and  all  warrants  issued  by  the  board, 
which  register  shall  show  the  number,  date  and  amount  of  such 
bonds  and  to  whom  payable. 

§  173.  REFUNDING  BONDS.  ISSUANCE  OF.]  The  board  of  edu- 
cation of  any  special  or  independent  school  district  shall  have 
power,  whenever  two-thirds  of  the  members  of  such  board  shall 
deem  it  necessary  for  the  best  interests  of  such  school  district, 
to  issue  bonds  for  the  purpose  of  refunding  any  outstanding  bonds 
when  the  same  become  due.  Such  bonds  shall  be  issued  in  de- 
nominations of  fifty  dollars  or  some  multiple  of  fifty,  and  shall 
not  exceed  in  amount  the  face  value  of  the  bonds  they  are  issued 
to  replace,  and  shall  not  bear  a  higher  rate  of  interest  than  five 
per  cent  per  annum,  payable  semi-annually  on  the  first  day  of 


56  GENERAL  SCHOOL  LAWS 

January  and  July  of  each  year,  nor  run  for  a  longer  period  than 
twenty  years. 

§  174.  BONDS  MAY  BE  EXCHANGED.]  Such  refunding  bonds 
may  be  exchanged  at  par  for  an  equal  amount  of  outstanding 
bonds  or  may  be  sold  at  not  less  than  par  value  and  the  proceeds 
applied  solely  to  the  payment  of  the  bonds  to  be  refunded,  ex- 
cept that  any  premium  that  may  be  received  on  the  sale  of  such 
bonds  shall  be  kept  as  a  separate  fund  and  used  for  the  payment 
of  the  interest  on  such  bonds. 

§  175.  ISSUE  OF  BONDS.  How  GOVERNED.]  In  the  issuance  of 
such  refunding  bonds  the  board  of  education  shall  be  governed 
by  the  provisons  of  sections  165  to  171. 

§  176.  SURPLUS  FUNDS.  How  TRANSFERRED.]  Any  moneys  re- 
maining in  the  treasury  of  such  school  districts,  appropriated  or 
held  for  the  purpose  of  paying  such  bonds  so  refunded,  may,  at 
the  discretion  of  the  board  of  education  at  any  time  within  six 
months  after  such  refunded  bonds  have  been  taken  -  up  and 
cancelled,  be  transferred  to  the  building  or  contingent  fund  of 
such  district. 

ARTICLE  X.— INDEPENDENT  SCHOOL  DISTRICTS. 

§  177.  INDEPENDENT  SCHOOL  DISTRICTS.  How  ORGANIZED.]  Any 
city  heretofore  organized  for  school  purposes  under  a  special  law 
and  provided  with  a  board  of  education  may  become  incorporated 
as  an  independent  school  district  under  the  provisions  of  this 
article  in  the  manner  following:  Whenever  one-eighth  of  the 
legal  voters  of  such  city  voting  at  the  preceding  municipal  elec- 
tion shall  petition  the  mayor  and  council  thereof  to  submit  the 
question  as  to  whether  such  city  shall  establish  an  independent 
school  district  under  this  article  to  a  vote  of  the  electors  in  such 
city  it  shall  be  the  duty  of  such  mayor  and  council  to  submit 
such  question  accordingly  and  to  appoint  a  time  and  place  or 
places  at  which  such  vote  may  be  taken  and  to  designate  the 
persons  who  shall  act  as  judges  at  such  election,  but  such  ques- 
tion shall  not  be  submitted  oftener  than  once  in  two  years. 

§  178.  NOTICE  OF  ELECTION.]  The  mayor  of  such  city  shall 
cause  at  least  fourteen  days  notice  of  such  election  to  be  given 
by  publishing  a  notice  thereof  in  one  or  more  newspapers  within 
such  city,  but  if  no  newspaper  is  published  therein,  then  by  post- 
ing at  least  five  copies  of  such  notice  in  each  ward  or  voting  pre- 
cinct. 

§  179.  FORM  OF  BALLOTS.  RETURNS.]  The  ballots  to  be  used 
at  such  election  shall  be  in  the  following  form:  "For  establish- 
ing an  independent  school  district,'*  or  "against  establishing  an 
independent  school  district."  The  judges  of  such  election  shall 
make  returns  thereof  to  the  city  council  whose  duty  it  shall  be 
to  canvass  such  returns  and  cause  the  result  of  such  canvass  to 
be  entered  upon  the  records  of  such  city.  If  a  majority  of  the 
votes  cast  at  such  election  shall  be  for  establishing  an  independ- 


STATE   OF   NORTH    DAKOTA  57 

ent  school  district,  such  independent  school  district  shall  hence- 
forth be  deemed  to  be  organized  under  this  article  and  the  board 
of  education  then  in  office  shall  thereupon  exercise  the  powers 
conferred  upon  the  officers  in  this  article  until  their  successors 
are  elected  and  qualified. 

§  180.  BOUNDARIES  OF  INDEPENDENT  DISTRICTS.]  All  that  portion 
included  within  the  corporate  limits  of  any  city,  together  with 
the  additions  that  are  now  or  may  be  hereafter  attached  to  such 
city  limits  shall  be  constituted  and  established  an  independent 
school  district  to  be  designated  as  the  "Independent  School  Dis- 
trict of  the  City  of "  and  a  board  of  edu- 
cation is  hereby  established  for  the  same. 

§  181.  MEMBERS  OF  BOARD.  How  ELECTED.  QUORUM.]  Such 
board  shall  consist  of  one  member  from  each  ward  in  the  city, 
and  when  the  city  is  divided  into  an  even  number  of  wards,  then 
such  city  shall  elect  one  member  of  such  board  at  large,  and 
when  such  city  is  divided  into  an  odd  number  of  wards,  such 
city  shall  elect  two  members  of  such  board  at  large.  Such  mem- 
bers shall  hold  their  office  for  the  term  of  three  years  and  until 
their  successors  are  elected  and  qualified.  Provided  that  at  the 
first  election  in  independent  districts  hereafter  organized  mem- 
bers from  even  numbered  wards  shall  be  elected  for  a  term  of 
one  year;  and  members  from  odd  numbered  wards  for  a  term  of 
two  years;  and  members  at  large  shall  be  elected  for  a  term  of 
three  years.  Provided  further  that  in  such  cities  as  have  hereto- 
fore been  organized  as  independent  school  districts,  the  term  of 
office  for  which  the  members  of  such  independent  school  dis- 
tricts were  elected  shall  not  be  changed ;  but  at  the  first  election 
of  members  at  large  they  shall  be  elected  for  a  term  of  three 
years,  and  the  members  from  even  numbered  wards  shall  be 
elected  for  the  term  of  one  year ;  and  at  the  first  election  of  mem- 
bers from  odd  numbered  wards,  they  shall  be  elected  for  the 
term  of  three  years  and  thereafter  the  term  of  office  of  all  of  said 
members  shall  be  three  years.  A  majority  of  said  board  shall 
constitute  a  quorum  for  the  transaction  of  business. 

§  182.  DATE  OF  ELECTION.  CANVASS  OF  VOTES.]  The  election 
referred  to  in  the  foregoing  shall  be  held  on  the  third  Monday 
in  April  of  each  year,  at  the  usual  polling  place  for  municipal 
elections  in  each  ward.  The  mayor  shall  have  authority  and  is 
hereby  empowered  to  appoint  two  judges  and  one  clerk  for  such 
election,  who  shall  open  the  polls  at  the  hour  of  eleven  o'clock  in 
the  forenoon  and  hold  the  same  open  until  five  o'clock  in  the 
afternoon  of  the  same  day.  Such  elections  shall  be  conducted 
in  all  respects  and  the  polls  closed  and  votes  canvassed  in  the 
same  manner  as  municipal  elections,  and  the  judges  shall  have 
the  same  power  and  authority  in  all  respects  as  the  judges  of 
election  for  municipal  officers,  and  after  the  votes  are  canvassed 
the  judges  shall  make  their  returns  to  the  city  clerk  or  auditor, 
as  the  case  may  be,  within  twenty-four  hours  after  the  polls  are 


58  GENERAL   SCHOOL  LAWS 

closed,  and  the  city  council  shall  canvass  such  returns  and  de- 
clare the  result  within  three  days  thereafter,  which  result  shall 
be  entered  upon  the  records  of  the  city,  and  it  shall  be  the  duty 
of  the  city  clerk  or  auditor  to  issue  certificates  of  election  to  the 
persons  declared  elected.  The  judges  and  clerks  of  election  shall 
receive  the  same  compensation  for  their  services  as  at  municipal 
elections  for  mayor  and  aldermen. 

§  183.  VACANCIES,  HOW  FILLED.]  If  any  vacancy  occurs  in 
the  board  for  any  cause,  the  remaining  members  thereof  shall 
fill  such  vacancy  by  appointment  until  the  next  annual  election, 
and  at  such  election  a  new  member  shall  be  elected  to  fill  the 
unexpired  term. 

§  184.  STYLE  AND  POWERS  OF  BOARD.]  The  board  so  elected 
shall  be  a  body  corporate  in  relation  to  all  the  power  and  duties 
conferred  upon  it  by  this  article  and  shall  be  styled  "The  Board 
of  education  of  the  Independent  School  District  of  the  City  of 

(here  insert  the  name  of  the  city,)"  and 

as  such  shall  have  the  power  to  sue  and  be  sued,  contract  and 
be  contracted  with,  and  shall  possess  all  the  powers  usual  and 
incident  to  such  bodies  corporate,  and  such  as  shall  be  herein 
given,  and  shall  procure  and  keep  a  corporate  seal.  At  each 
annual  meeting  of  the  board  the  members  thereof  shall  elect 
one  of  their  number  president  of  the  board,  and  when  he  is 
absent  a  president  pro  tempore  shall  be  appointed,  who  shall 
preside  during  such  absence.  The  members  so  elected  shall  each 
qualify  by  taking  the  prescribed  oath  of  office  within  ten  days 
after  receiving  their  certificates  of  election,  and  shall  assume 
the  duties  of  their  office  at  the  annual  meeting  of  the  board 
held  on  the  first  Tuesday  in  May  of  each  year. 

§  185.  RESPONSIBILITY  OF  BOARD.]  The  members  of  the  board 
shall  receive  no  compensation,  nor  be  interested  directly  or  in- 
directly in  any  contract  for  building  or  making  any  improvements 
or  repairs  provided  by  this  chapter.  They  shall  have  the  care 
and  custody  of  all  public  property  in  such  district  pertaining  to 
school  purposes  and  the  general  management  and  control  of  all 
school  matters. 

§  186.  MEETINGS  OF  BOARD.]  The  regular  meetings  of  the 
board  shall  be  held  on.  the  first  Tuesday  of  each  month,  and  the 
board  may  hold  special  meetings  upon  notice.  The  regular 
meeting  may  be  adjourned  for  any  time  shorter  than  one  month. 
Special  meetings  may  be  called  by  the  president  or  in  case  of  his 
absence  or  inability  to  act,  by  any  three  members  of  the  board  as 
often  as  necessary  by  giving  a  personal  notice  in  writing  to  each 
member  of  the  board  or  by  causing  such  notice  to  be  left  at  his 
place  of  residence  at  least  forty-eight  hours  before  the  hour  of 
such  special  meeting. 

§  187.  SECRETARY,  DUTIES  OF.]  Such  board  shall  appoint  a 
secretary,  who  shall  hold  his  office  during  the  pleasure  of  the 
board  and  whose  compensation  shall  be  fixed  by  the  board.  The 


STATE   OP   NORTH    DAKOTA  59 

secretary  shall  keep  a  record  of  the  proceedings  of  the  board  and 
perform  such  other  duties  as  the  board  may  prescribe.  Such 
record,  or  a  transcript  thereof,  certified  by  the  secretary  and 
attested  by  the  seal  of  the  board,  shall  be  received  in 
all  courts  as  prim  a  facie  evidence  of  the  facts  therein 
set  forth;  and  such  records  and  all  books,  accounts, 
vouchers  and  papers  of  the  board  shall  at  all  times  be 
subject  to  inspection  by  the  members  of  such  board 
or  any  committee  thereof,  or  by  any  taxpayer  of  the  dis- 
trict. For  the  purpose  of  economy  the  board  may,  if  deemed 
advisable,  appoint  one  of  its  own  members  secretary.  The  annual 
report  of  the  secretary  shall  contain  such  items  as  may  be  re- 
quired by  the  superintendent  of  public  instruction. 

§  188.     GENERAL  POWERS  OF  BOARD.]      The  board   shall   have 
power  and  it  shall  be  its  duty: 

1.  To  organize  and  establish  such  schools  in  the  district  as  it 
shall  deem  requisite  and  expedient,  and  to  change  and  discontinue 
the  same. 

2.  To  purchase,  sell,  exchange  and  lease  school  houses  and 
rooms,  lots  or  sites  for  school  houses,  and  to  fence  and  improve 
the  same. 

3.  To  build,  enlarge?  alter,  improve  or  repair  school  houses, 
outhouses  and  appurtenances  as  it  may  deem  advisable  upon  lots 
and  sites  owned  by  the  district. 

4.  To  purchase,  sell,  exchange,  improve    and  repair    school 
apparatus,  books  for  indigent  pupils,  furniture  and  appendages 
and  provide  fuel  for  schools. 

5.  To  have  the  custody  and  safe  keeping  of  the  school  houses, 
outhouses,  books,  furniture  and  appurtenances,  and  to  see  that 
the  ordinances  of  the  city  council  in  relation  thereto  are  observed. 

6.  To   contract  with   and   employ   a  superintendent   and '  all 
teachers  in  such  schools  for  a  period  not  to  exceed  three  years, 
and  remove  them  at  pleasure. 

7.  To  pay  the  salaries  of  such  teachers  out  of  the   money 
appropriated  and  provided  by  law  for  the  support  of  common 
schools  in  such  district,  so  far  as  the  same  shall  be  sufficient,  and 
the  residue  thereof  from  the  money  authorized  to  be  raised  by 
this  article. 

8.  To  defray  the  necessary  and  contingent  expenses  of  the 
board,  including  the  compensation  of  the  secretary. 

9.  To  have  in  all  respects  the  superintendence,   supervision 
and  management  of  the  public  schools  of  such  district  and  from 
time  to  time  to  adopt,  alter,  modify  and  repeal,  as  they  may 
deem   expedient,   rules   and  regulations  for  their    organization, 
grading,  government  and  instruction,  for  the  reception  of  pupils 
and  their  transfer  from  one  school  to  another,  for  the  suspension 
and  expulsion  of  pupils  subject  to  the  same  restrictions  as  are 
contained  in  subdivision  11   of  section  144,   and   generally  for 
their  good  order,  prosperity  and  utility. 


60  GENERAL   SCHOOL  LAWS 

10.  To  prepare  and  report  to  the  city  council  of  the  city  such 
ordinances  and  regulations  as  may  be  necessary  and  proper  for 
the  protection,  safe  keeping,  care  and  preservation  of  school 
houses,  lots  and  sites  and  appurtenances  and  all  the  property 
belonging  to  the  district  connected  with  or  appertaining  to  the 
schools  within  the  city  limits,  and  to  suggest  proper  penalties 
for  the  violation  of  such  ordinances  and  regulations,  and  annually, 
on  or  before  the  first  Monday  in  July,  to  determine  and  certify 
to  the  county  auditor  the  rate  of  taxation  in  its  opinion  necessary 
and  proper  to  be  levied  under  the  provisions  of  this  article,  for 
the  year  commencing  on  the  first  day  of  July  thereafter,  and 
also  at  any  time  to  determine  how  many  and  what  denomination 
of  bonds  shall  be  issued  and  sold  to  pay  the  extraordinary  outlays 
required. 

§  189.  POWERS  OF  BOARD.]  The  board  shall  have  power  and 
it  shall  be  its  duty  to  levy  and  raise  from  time  to  time,  by  tax, 
such  sums  as  may  be  determined  by  the  board  to  be  necessary 
and  proper  for  any  of  the  following  purposes : 

1.  To  purchase,  exchange,  lease  or  improve  sites  for  school 
houses. 

2.  To  build,  purchase,  lease,  enlarge,  alter,  improve  and  repair 
school  houses  and  their  outhouses  and  appurtenances. 

3.  To  purchase,  exchange,  improve  and  repair  school  appara- 
tus, books,  furniture  and  appendages. 

4.  To  procure  fuel,  to  pay  janitors  and  defray  the  contingent 
expenses  of  the  board,  including  the  expenses  of  the  secretary. 

5.  To  pay  teachers'  salaries  after  the  apportionment  of  public 
moneys  which  may  be  by  law  appropriated  and  provided  for 
that  purpose. 

§  190.  VISITING  SCHOOLS.]  Each  member  of  the  board  shall 
visit  all  the  public  schools  in  the  district  at  least  twice  in  each 
year  of  his  official  term,  and  the  board  shall  provide  that  each 
of  the  schools  shall  be  visited  by  a  committee  of  three  or  more 
of  their  number  at  least  once  during  such  term. 

§  191.  NON-RESIDENT  PUPILS.]  Such  board  of  education  shall 
have  power  to  allow  the  children  not  resident  in  such  district  to 
attend  the  schools  of  such  district  under  the  control  and  care  of 
such  board,  upon  such  terms  as  the  board  shall  prescribe,  fixing 
the  tuition  which  shall  be  paid  therefor. 

§  192.  COLLECTION  OP  TAX.]  The  tax  to  be  levied  and  collected 
as  aforesaid  by  virtue  of  this  article  shall  be  collected  in  the 
same  manner  as  other  county  taxes,  and  for  that  purpose  the 
board  of  education  shall  have  power  to  levy  and  cause  to  be 
collected  such  taxes  as  are  herein  authorized,  and  shall  cause 
the  amount  for  each  purpose  to  be  certified  by  the  secretary 
to  the  county  auditor  in  time  to  be  added  to  and  put  upon  the 
annual  tax  list  of  the  county.  And  it  shall  be  the  duty  of  the 
county  auditor  to  calculate  and  extend  upon  the  annual  assess- 


STATE    OF    NORTH    DAKOTA  61 

ment  roll  and  tax  list  the  tax  so  levied  by  such  board,  and  such 
tax  shall  be  collected  as  other  county  taxes  are  collected. 

§  193.  AMOUNT  OF  TAX  LIMITED.]  The  amount  raised  for 
teachers'  salaries  and  contingent  expenses  shall  be  only  such  as 
together  with  the  public  moneys  coming  to  such  district  from 
the  state  and  county  fund  and  other  sources  shall  be  sufficient  to 
maintain  efficient  and  proper  schools  in  such  district.  The  taxes 
for  the  purchasing,  leasing  or  improving  of  sites,  and  the  building, 
purchasing,  leasing,  enlarging,  altering  or  repairing  of  school 
houses  shall  not  exceed  in  any  year  twenty  mills  on  the  dollar, 
of  the  assessed  valuation  of  taxable  property  of  the  district,  and 
the  board  of  education  is  authorized  and  directed,  when  neces- 
sary, to  borrow  in  anticipation,  the  amount  of  the  taxes  to  be 
raised,  levied  and  collected  as  aforesaid. 

§  194.  AUTHORITY  TO  ISSUE  BONDS.]  The  board  of  education 
of  such  district  is  authorized  and  empowered,  and  it  is  its  duty 
whenever  the  board  deems  it  necessary  for  the  efficient  organi- 
zation and  establishment  of  schools,  including  the  purchase  of 
school  sites  and  the  construction  and  furnishing  of  school  houses, 
in  such  district,  and  when  the  taxes  authorized  by  this  article 
shall  not  be  sufficient  or  shall  be  deemed  by  the  board  to  be 
burdensome  upon  the  tax  payers  of  the  district,  from  time  to 
time  to  issue  bonds  of  the  district  in  the  denomination  of  fifty 
dollars  or  some  multiple  of  fifty,  payable  at  a  time  not  to  exceed 
twenty-five  years  after  date  and  bearing  interest  at  a  rate  not 
to  exceed  five  per  cent  per  annum,  payable  semi-annually  on  the 
first  day  of  January  and  July  of  each  year;  and  to  show  upon 
their  face  that  they  are  issued  for  the  purpose  of  building  or 
furnishing  a  school  house  or  school  houses,  purchasing  grounds 
on  which  to  locate  the  same,  or  to  fund  any  outstanding  indebt- 
edness, or  for  the  purpose  of  taking  up  any  outstanding  bonds; 
and  the  said  board  of  education  is  authorized  to  cause  the  same 
to  be  sold  at  not  less  than  par  value,  and  the  money  realized 
therefrom  deposited  with  the  city  treasurer  to  the  credit  of 
such  board  of  education;  and  when  any  bonds  shall  be  so 
negotiated  it  shall  be  the  duty  of  the  board  to  provide  by  tax 
for  the  payment  of  the  principal  and  interest  of  such  bonds; 
provided,  that  at  no  time  shall  the  aggregate  amount  of  such 
bonds,  including  all  other  indebtedness,  exceed  fifty  mills  on 
the  dollar  of  valuation  of  the  taxable  property  of  such  district, 
to  be  determined  by  the  last  city  assessment. 

§  195.  MONEYS  PAID  TO  CITY  TREASURER.]  All  moneys  raised 
pursuant  to  the  provisions  of  this  article  and  all  moneys  which 
shall  by  law  be  appropriated  to  or  provided  for  such  district, 
shall  be  paid  over  to  the  city  treasurer  of  the  city,  and  the  county 
treasurer  shall  from  time  to  time  as  he  shall  receive  the  county 
school  funds,  and  at  least  once  in  each  month,  on  the  first  Mon- 
day thereof,  pay  over  to  such  city  treasurer  the  proportion 
thereof  belonging  to  such  district;  and  for  that  purpose  the 


62  GENERAL   SCHOOL  LAWS 

board  shall  have  the  power  to  cause  all  needful  steps  to  be  taken 
including  census  reports  or  other  acts  or  things,  to  enable  such 
board  to  receive  the  school  money  belonging  to  such  district,  as 
fully  and  completely  as  though  such  district  formed  one  of  the 
school  districts  of  the  county  where  the  same  may  be  situated. 

§  196.  BOND  OF  TREASURER.]  The  city  treasurer  of  such  city 
shall  give  a  bond  to  such  board  of  education  in  such  sum  as  the 
board  shall  from  time  to  time  require,  with  two  or  more  sureties 
to  be  approved  by  the  board,  conditioned  for  the  safe  keeping  of 
the  school  funds,  which  shall  be  in  addition  to  his  other  bond; 
and  such  treasurer  and  the  sureties  upon  such  bond  shall  be 
accountable  to  the  board  for  the  moneys  that  come  into  his  hands, 
and  in  case  of  failure  of  such  treasurer  to  give  such  bond  when 
required  by  the  board,  or  within  ten  days  thereafter,  his  office 
shall  become  vacant  and  the  city  council  shall  appoint  another 
person  in  his  place. 

§  197.  SCHOOL  FUNDS,  HOW  KEPT  AND  PAID  OUT.]  All  moneys 
required  to  be  raised  by  virtue  of  this  article  shall  be  paid  in 
cash  or  in  warrants  hereinafter  provided,  drawn  on  the  school 
fund  only,  and  such  moneys  and  all  moneys  received  by  such 
district  for  the  use  of  the  common  schools  therein  shall  be  de- 
posited for  safe  keeping  with  such  city  auditor  to  the  credit  of 
the  board  of  education,  and  shall  by  him  be  safely  kept  separate 
and  apart  from  any  other  funds  until  drawn  from  the  treasury 
as  herein  provided.  Such  treasurer  shall  pay  out  the  moneys 
authorized  by  this  article  only  upon  warrants  drawn  by  the 
president  countersigned  by  the  secretary  and  attested  by  the 
seal  of  such  board  of  education. 

§197%.  INVESTMENT  OF  SINKING  FUNDS.  SCHOOL  DISTRICTS.] 
All  moneys  raised  for  the  purpose  of  creating  a  sinking  fund 
for  the  final  redemption  of  all  bonds  issued  under  article  71  of 
Chapter  9  of  the  Civil  Code  of  the  state  shall  be  invested  annually 
by  the  board  of  education  of  any  independent  school  district  in 
this  state  as  follows,  viz: 

1.  In  the  bonds  of  this  state  or  of  the  United  States. 

2.  An  independent  school  district  board  may  designate  one 
or  more  national  or  state  banks  in  the  county  where  such  inde- 
pendent school  district  is  situated,  as  a  depositary  for  such  sink- 
ing fund,  and  in  such  case  the  school  board  shall  advertise  for 
at  least  fourteen  days  in  some  newspaper  printed  within  the 
limits  of  said  independent  school  district,  if  there  be  one,  if  not, 
in  the  county  where  said  school  district  is  situated,  for  sealed 
proposals  for  the  deposit  of  the  sinking  fiand  of  such  school  dis- 
trict, reserving  the  right  to  reject  any  and  all  bids  and  satisfy- 
ing itself  of  the  responsibility  of  all  banks  proposing  to  act  as 
depositaries.     Before  any  bank  shall  be  designated  as  such  de- 
positary it  shall  present  to  the  school  board  a  sealed  proposal 
stating  in  writing  what  rate  of  interest  will  be  paid  for  the  de- 
posit of  such  sinking  funds,  and  shall  submit  to  the  board  for 


STATE    OF   NORTH    DAKOTA  63 

its  approval  a  bond  payable  to  the  independent,  school  district 
conditioned  for  the  safe  keeping  and  repayment  of  any  funds 
deposited  in  such  bank,  which  bond  shall  be  signed  by  not  less 
than  three  freeholders  of  this  state  as  sureties  or  some  surety 
bond  company  qualified  to  do  business  in  this  state,  and  such 
bond  to  be  in  the  sum  required  by  the  school  board  and  in  no 
case  to  be  less  than  double  the  probable  amount  of  the  funds 
to  be  deposited  in  such  bank.  The  approval  of  such  bond  shall 
be  endorsed  thereon  by  the  board  and  deposited  with  the  county 
auditor,  and  any  bank  whose  bond  shall  have  been  so  approved 
shall  thereupon  be  designated  by  the  school  board  as  a  deposi- 
tary for  the  sinking  fund,  and  shall  continue  as  such  until  such 
time  as  the  board  shall  direct  the  withdrawal  of  such  funds  or 
until  such  funds  are  needed  for  the  payment  or  the  purchase  of 
bonds  as  provided  in  this  act.  When  the  sinking  fund  of  any 
independent  school  district  is  deposited  by  the  treasurer  of  the 
board  of  education  of  said  school  district  in  the  name  of  the 
school  district  in  such  depositary  such  treasurer  and  his  sureties 
shall  be  exempt  from  all  liability  thereon  by  reason  of  loss  of  any 
such  funds  from  the  failure,  bankruptcy  or  any  other  act  of  any 
such  bank  to  the  extent  only  of  such  funds  in  the  hands  of  such 
bank  or  banks  at  the  time  of  such  failure  or  bankruptcy.  Such 
depositary  shall  furnish  to  the  clerk  of  the  board  of  education 
of  such  independent  school  district  prior  to  the  fifth  day  of 
July  of  each  year,  a  verified  statement  of  the  school  district 
account  with  such  depositary  for  the  year  ending  July  30,  which 
statement  shall  show  a  credit  to  such  deposit  account  of  all 
sums  of  interest  accruing  on  the  sinking  fund  deposited. 

3.  The  board  of  education  of  any  independent  school  district 
may  buy  and  cancel  the  bonds  of  such  district  and  pay  for  the 
same  with  the  moneys  in  the  sinking  fund  created  to  pay  such 
bonds. 

§  198.  EXPENDITURES  NOT  TO  EXCEED  REVENUES.]  It  shall  be 
the  duty  of  the  board  in  all  its  expenditures  and  contracts  to 
have  reference  to  the  amount  of  money  which  shall  be  subject  to 
its  order  during  the  current  year  for  the  particular  expenditures 
in  question  and  not  to  exceed  that  amount. 

§  199.  TITLE  TO  PROPERTY  OF  DISTRICT.]  The  title  of  all  prop- 
erty belonging  to  any  such  independent  school  district  shall  be 
vested  in  such  district  for  the  use  of  the  schools,  and  the  same 
while  used  and  appropriated  for  school  purposes  shall  not  be 
levied  upon  or  sold  by  virtue  of  any  warrant  or  execution  or 
other  process,  nor  be  subject  to  any  judgment  or  mechanic's  lien 
or  taxation  for  any  purpose  whatever;  and  the  district  in  its 
corporate  capacity  may  take,  hold  and  dispose  of  any  real  and 
personal  property  transferred  to  it  by  gift,  grant,  bequest  or 
devise  for  the  use  of  common  schools  for  the  district,  whether 
the  same  is  transferred  in  terms  of  such  district  by  its  proper 
name  or  to  any  person  or  body  for  the  use  of  such  schools. 


64  GENERAL   SCHOOL  LAWS 

§  200.  REAL.  PROPERTY.  TITLE,  HOW  CONVEYED.]  Whenever 
any  property  is  purchased  by  the  board  a  conveyance  thereof 
shall  be  taken  in  the  name  of  such  district;  and  whenever  any 
sale  of  such  property  is  made  by  the  board,  a  resolution  in  favor 
of  such  sale  shall  first  be  adopted  and  spread  upon  the  records 
of  the  board,  and  the  conveyance  of  such  property  shall  be  exe- 
cuted in  the  name  of  such  district  by  the  president  of  the  board 
attested  by  the  secretary  under  the  seal  thereof,  and  acknowl- 
edged by  such  officers.  Such  president  and  secretary  shall 
have  authority  to  execute  conveyances  as  aforesaid  with  or  with- 
out covenants  of  warranty  on  behalf  of  the  district. 

§  201.  REPORT  OF  CITY  TREASURER.]  It  shall  be  the  duty  of 
the  city  treasurer  at  least  fifteen  days  before  the  annual  election 
for  members  of  such  board  and  as  often  as  called  upon  by  the 
board,  to  prepare  and  report  to  such  board  a  true  and  correct 
statement  of  the  receipts  and  disbursements  of  moneys  under 
and  pursuant  to  the  provisions  of  this  article,  during  the  pre- 
ceding year,  which  statement  shall  set  forth  under  appropriate 
head: 

1.  The  money  raised  by  the  board  under  section  189. 

2.  The  school  moneys  received  from  the  county  treasurer. 

3.  The  money  received  under  section  194. 

4.  All  moneys  received  by  the  city  treasurer,  subject  to  the 
order  of  the  board,  specifying  the  sources  from  which  it  accrued. 

5.  The  manner  in  which  all  money  has  been  expended,  spec- 
ifying the    amount  under   each   head  of   expenditures    and   the 
board  shall  at  least  one  week  before  such  election,  cause  such 
statement  to  be  published  in   all  the  newspapers  x)f  the   city 
which  will  publish  the  same  gratuitously. 

§    202.      NEW    DISTRICT    TO    ASSUME    DEBTS    OF    OLD.]       School    dlS- 

tricts  created  under  the  provisions  of  this  article  shall  assume 
all  obligations  and  liabilities  incurred  by  the  districts  out  of 
which  they  are  formed,  if  old  districts  are  not  divided,  and  a 
proportionate  part  if  divided. 

§  203.  FORFEIT  FOR  REFUSAL  TO  SERVE  AS  MEMBER  OF  BOARD.]  It 
shall  be  the  duty  of  the  clerk  of  said  school  board  immediately 
after  the  election  of  any  person  as  a  member  thereof,  personally 
or  in  writing,  to  notify  him  of  his  election,  and  if  any  person 
shall  not  within  ten  days  after  receiving  such  notice  of  election, 
take  and  subscribe  the  oath  as  herein  provided  and  file  the  same 
with  the  city  auditor,  the  board  may  consider  it  as  a  refusal  to 
serve,  and  fill  the  vacancy  thus  occasioned,  and  the  person  so 
refusing  shall  forfeit  and  pay  to  the  city  treasurer  for  the  bene- 
fit of  the  schools  of  such  district  a  penalty  of  fifty  dollars,  which 
may  be  recovered  in  the  name  of  such  city  by  a  civil  action. 

§  204.  CITY  COUNCIL  TO  PASS  CERTAIN  ORDINANCES.]  The  city 
council  shall  have  the  power  and  it  shall  be  its  duty  to  pass  such 
ordinances  and  regulations  as  the  board  of  education  may  rec- 
ommend as  necessary  for  the  protection,  preservation,  safe  keep- 


STATE   OF   NORTH    DAKOTA  65 


ing  and  care  of  the  school  houses,  lots,  sites,  appurtenances,  lib- 
raries, and  all  necessary  property  belonging  to  or  connected 
with  the  schools  of  the  city,  and  to  provide  proper  penalties  for 
the  violation  thereof,  and  all  penalties  shall  be  collected  in  the 
same  manner  that  the  penalties  for  violation  of  city  ordinances 
are  collected,  and  when  collected  shall  be  paid  to  the  city  treas- 
urer and  placed  to  the  credit  of  the  board  of  education,  and 
shall  be  subject  to  its  order  as  herein  provided. 

AETICLE  XI.— BOAED  OF  EDUCATION  IN  CERTAIN  CITIES. 

§  205.  BOARDS  TO  BE  ELECTED  AT  LARGE.]  In  each  city  not  or- 
ganized under  the  general  law  there  shall  be  a  board  of  educa- 
tion consisting  of  seven  members  having  the  qualifications  of 
electors  who  shall  be  elected  at  large  by  the  electors  of  such 
city  qualified  to  vote  at  school  elections ;  and,  except  as  .may  be 
otherwise  provided  herein  for  the  first  election,  two  members  of 
such  board  shall  be  elected  annually  and  three  triennially  at  a 
special  election  to  be  held  on  the  Tuesday  after  the  first  Monday 
in  June;  provided,  that  the  provisions  of  this  article  shall  not 
apply  to  cities  existing  under  a  special  act  or  which  are  now 
under  the  general  school  laws. 

§  206.  TERM  OF  OFFICE.]  The  term  of  office  of  a  member  of 
the  board  of  education,  except  as  in  this  article  otherwise  pro- 
vided, shall  be  three  years  and  until  his  successor  is  elected  and 
qualified. 

§  207.  ELECTIONS,  HOW  CONDUCTED.]  All  elections  under  the 
provisions  of  this  article  shall  be  called,  conducted  and  the  votes 
canvassed  and  returned  in  the  manner  provided  by  law  for  gen- 
eral city  elections. 

§  208.  RELATIVES  NOT  ELIGIBLE  AS  TEACHERS.]  No  son,  wife 
or  daughter  of  any  member  of  the  school  board  shall  be  elegible 
to  a  position  as  a  teacher  in  schools  of  the  district  which  such 
member  represents  except  upon  the  consent  of  all  the  members 
of  such  board. 

§  209.  INDEPENDENT  SCHOOL  ORGANIZATIONS  UNDER  SPECIAL  LAWS 
ABOLISHED.]  Any  independent  school  district  organized  for  school 
purposes  under  a  special  law,  which  does  not  include  or  is  not 
included  in  any  city  or  incorporated  town  or  village  organized 
for  municipal  purposes,  shall  become  a  part  of  the  school  dis- 
trict in  which  it  is  located  by  the  repeal  of  the  special  law  organ- 
izing or  governing  such  independent  district.  Any  independent 
district  organized  for  school  purposes  under  a  special  law  or 
under  any  other  law  than  is  contained  in  this  chapter,  which 
includes  or  is  included  in  any  city  or  incorporated  town  or  vil- 
lage organized  for  municipal  purposes,  shall  become  a  special 
district  by  the  repeal  of  the  special  law  organizing  or  governing 
such  independent  school  district.  Any  school  district  or  special 
district  so  constituted  or  constituted  in  part  shall  be  governed 
by  the  provisions  of  this  chapter;  provided,  that  nothing  herein 


66  GENERAL   SCHOOL  LAWS 

shall  prevent  any  such  independent  district  from  coming  under 
the  operation  of  this  chapter  in  the  manner  therein  provided. 

§  210.  OLD  SCHOOL  OFFICERS  HOLD  OVER.]  The  board  of  educa- 
tion or  other  governing  board  of  such  independent  district  shall 
continue  to  exercise  the  powers  and  duties  devolving  upon  it 
under  the  provisions  of  such  special  or  other  law  governing  such 
independent  district,  the  same  as  though  such  law  had  not  been 
repealed,  until  the  second  Tuesday  in  July  following  the  repeal 
of  such  special  or  other  law;  provided,  that  all  that  portion  of 
the  general  school  laws  which  provides  for  an .  annual  school 
election  shall  apply  to  such  independent  district  and  shall  be  in 
full  force  and  effect  for  the  purpose  of  electing  school  officers 
at  such  annual  election;  and  such  officers  shall  be  elected  in  and 
for  the  whole  school  district,  including  the  independent  district 
or  portion  of  such  independent  district  located  therein,  or  in  and 
for  the  special  district,  the  same  as  though  no  law  had  ever  ex- 
isted providing  for  the  organization  of  such  independent  dis- 
trict ;  provided,  further,  that  in  a  special  district  formed  and 
created  as  herein  provided,  a  full  board  of  education  shall  be 
elected  as  provided  by  law  for  first  elections,  but  in  school 
districts  formed  as  herein  provided  by  the  addition  of  such 
independent  district  or  portion  thereof  there  shall  be  elected 
only  such  officers  as  are  required  to  fill  the  regular  vacancies  in 
the  school  office^  of  such  school  district  heretofore  organized. 

§  211.  DEBTS  AND  ASSETS  DETERMINED  BY  ARBITRATION.]  When 
the  boundaries  of  such  school  district  shall  have  been  arranged 
as  contemplated  in  this  article,  the  determination  and  division 
of  consolidation  of  all  debts,  property  and  assets  of  the  several 
portions  of  such  district  or  districts  so  consolidated  shall  be 
made  by  arbitration  as  provided  by  law. 

ARTICLE  XII.— VACANCIES. 

§  212.  VACANCY  IN  OFFICE  OF  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION FILLED  BY  APPOINTMENT.]  Should  a  vacancy  occur  in  the 
office  of  the  superintendent  of  public  instruction,  the  governor 
shall  have  power  and  it  shall  be  his  duty  to  fill  such  vacancy  by 
appointment,  which  appointment  shall  be  valid  until  the  next 
general  election  and  until  his  successor  is  elected  and  qualified. 

§  213.  VACANCY  IN  OFFICE  OF  COUNTY  SUPERINTENDENT.]  Should 
a  vacancy  occur  in  the  office  of  county  superintendent  of  schools, 
the  board  of  county  commissioners  of  such  county  shall  have 
power  and  it  shall  be  their  duty  to  fill  such  vacancy  by  appoint- 
ment, as  provided  by  law,  which  appointment  shall  be  valid 
until  the  next  general  election.  The  county  auditor  shall  imme- 
diately notify  the  superintendent  of  public  instruction  of  such 
appointment. 

§  214.  VACANCY  IN  OFFICE  OF  DIRECTOR  OR  TREASURER.  How 
FILLED.]  When  any  vacancy  occurs  in  the  office  of  director  or 
treasurer  of  a  school  district  by  death,  resignation,  removal  from 


STATE   OP   NORTH    DAKOTA  67 

the  district,  or  otherwise,  the  fact  of  such  vacancy  shall  be  imme- 
diately certified  to  the  county  superintendent  by  the  clerk  of 
the  district,  and  such  superintendent  shall  immediately  appoint 
in  writing  some  competent  person  who  shall  qualify  and  serve 
until  the  next  annual  school  election.'  The  county  superintend- 
ent shall  at  the  same  time  notify  the  clerk  of  the  school  district 
and  the  county  auditor  of  every  such  appointment. 

§  215.  VACANCY  IN  OFFICE  OF  CLERK,  HOW  FILLED.]  Should 
the  office  of  clerk  of  a  school  district  become  vacant,  the  school 
board  shall  immediately  fill  such  vacancy  by  appointment  and 
the  president  of  the  board  shall  immediately  notify  the  county 
superintendent  and  the  county  auditor  of  such  appointment. 

§  216.  OFFICE,  WHEN  DEEMED  VACANT.]  An  o^lce  of  a  school 
district  shall  become  vacant  by  resignation  of  the  incumbent 
thereof,  but  such  resignation  shall  not  take  effect  until  a  suc- 
cessor has  qualified  according  to  law.  Any  office  of  a  school 
district  shall  be  deemed  vacant  if  the  person  duly  elected 
thereto  shall  neglect  or  refuse  for  the  period  of  two  weeks  after 
the  beginning  of  the  term  for  which  he  was  elected,  to  accept 
and  qualify  for  such  office  and  serve  therein.  Any  school  officer 
may  be  removed  from  office  by  a  court  of  competent  jurisdiction 
as  provided  by  law. 

AKTICLE  XIII— EQUALIZATION  OF  INDEBTEDNESS 

§  217.  EQUALIZATION  OF  INDEBTEDNESS  BY  ARBITRATION.]  After 
the  boundaries  of  a  school  district  have  been  established  as  pro- 
vided for  in  this  chapter,  all  school  districts  or  parts  of  school 
districts  that  existed  as  school  corporations,  or  as  parts  thereof, 
before  the  taking  effect  of  this  code,  and  that  are  now  included 
in  one  school  district,  shall  effect  an  equalization  of  property, 
funds  on  hand  and  debts;  or  whenever  the  boundaries  of  two 
or  more  districts  are  re-arranged,  all  districts  affected  by  such 
change  shall  effect  an  equalization  of  property,  funds  on  hand 
and  debts.  To  effect  this,  such  school  board  of  such  corporation 
constituting  a  school  district  under  the  operation  of  this  chapter, 
shall  select  one  arbitrator,  and  the  several  arbitrators  so  selected, 
together  with  the  county  superintendent,  shall  constitute  a  board 
of  arbitration  to  effect  such  equalization.  If  in  any  case  the 
number  of  arbitrators,  including  the  county  superintendent^ 
shall  be  an  even  number,  the  county  treasurer  shall  be  included 
and  be  a  member  of  such  board.  The  county  superintendent 
shall  fix  the  time  and  place  of  such  meeting. 

§    218.       TAX    TO    EQUALIZE    AND    PAY      PREVIOUS     DEBTS.]  Such 

board  shall  take  an  account  of  the  assets,  funds  on  hand,  the 
debts  properly  and  justly  belonging  to  or  chargeable  to  each 
corporation,  or  part  of  a  corporation  affected  by  such  change, 
and  levy  such  a  tax  against  each  as  will  in  its  judgment  justly 
and  fairly  equalize  their  several  interests. 

§  219.    MAXIMUM    ANNUAL    TAX    LEVY    FOR    SUCH    PURPOSES.] 


68  GENERAL   SCHOOL  LAWS 

When  the  amounts  to  be  levied  upon  the  several  corporations, 
or  parts  of  corporations  mentioned  in  the  preceding  section, 
shall  be  fixed,  a  list  thereof  shall  be  made  wherein  the  amount 
shall  be  set  down  opposite  each  corporation.  The  whole  shall 
be  stated  substantially  in  the  form  herein  required  for  certifying 
school  taxes,  and  addressed  to  the  county  auditor,  and  shall  be 
signed  by  a  majority  of  such  board  of  arbitration;  such  levy 
shall  be  deemed  legal  and  valid  upon  the  taxable  property  of 
each  corporation;  provided,  however,  that  not  more  than  fifteen 
mills  thereof  shall  be  extended  against  such  taxable  property  in 
any  one  year,  and  such  levy  not  exceeding  fifteen  mills  on  the 
dollar  shall  be  extended  as  in  this  section  provided  from  year  to 
year,  until  the  whole  amount  shall  be  so  levied.  The  county 
auditor  shall  preserve  such  levies  and  shall  extend  the  several 
rates  from  year  to  year,  as  above  required  by  law  for  district 
taxes  and  the  taxes  shall  be  collected  at  the  same  time  and  in 
the  same  manner  as  other  taxes  are  collected. 

§  220.  PROCEEDS  TO  BE  TURNED  OVER  TO  THE  RESPECTIVE  DIS- 
TRICTS.] Opposite  the  several  descriptions  of  property  on  the 
tax  list  shall  be  entered  the  school  districts  within  which  it  lies, 
and  all  the  proceeds  of  these  equalizing  taxes  shall  be  collected 
and  shall  be  paid  over  to  the  proper  school  district  within  which 
the  property  is  situated.  The  proceeds  of  taxes  upon  parts  of 
districts  lying  outside  of  the  district  as  at  present  constituted 
with  which  they  were  equalized  shall  be  paid  to  the  treasurer 
of  the  school  district  wilhin  which  the  property  is  situated;  the 
same  as  hereinbefore  provided  for  regular  taxes. 

§  221.  MAXIMUM  TAX  LEVY  FOR  ALL  SCHOOL  PURPOSES.]  The 
taxes  levied  for  purposes  of  equalization  shall  be  in  addition  to 
all  other  taxes  for  school  purposes;  provided,  that  all  taxes  for 
school  purposes,  including  such  taxes  for  equalization,  shall  not 
exceed  thirty  mills  on  the  dollar  in  any  one  year.  The  provis- 
ions of  this  article  shall  apply  to  and  govern  all  school  districts 
and  parts  of  school  districts  hereafter  divided  or  consolidated 
with  each  other  or  with  other  districts  in  the  divisions,  uniting 
for  apportionment  of  their  debts  and  liabilities  or  property  and 
assets. 

AETICLE  XIV.— BONDS  OF  COMMON  SCHOOL  DISTRICTS. 

§  222.  SCHOOL  -BONDS,  HOW  ISSUED.]  Whenever  a  duly  con- 
stituted school  district,  under  the  provisions  of  this  chapter, 
excepting  special  or  independent  school  districts,  in  any  organ- 
ized county  in  the  state  at  any  regular  or  special  meeting  held 
for  that  purpose,  shall  determine  by  a >  majority  vote  of  all  the 
qualified  voters  of  such  school  district  present  at  such  meeting 
and  voting,  to  issue  school  district  bonds  for  the  purpose  of 
building  and  furnishing  a  school  house  and  purchasing  grounds 
on  which  to  locate  the  same,  or  to  fund  any  outstanding  indebt- 
edness or  for  the  purpose  of  taking  up  any  outstanding  bonds, 


STATE   OF   NOETH    DAKOTA  69 

the  district  school  board  may  lawfully  issue  such  bonds  in  ac- 
cordance with  the  provisions  of  this  article. 

§  223.  NOTICE  OF  ELECTION  TO  VOTE  BONDS.]  Before  the  ques- 
tion of  issuing  bonds  shall  be  submitted  to  a  vote  of  the  school 
district,  notices  shall  be  posted  in  at  least  three  public  and  con- 
spicuous places  in  such  district,  stating  the  time  and  place  of 
such  meeting,  the  amount  of  bonds  proposed  to  be  issued,  rate 
of  interest,  purpose  issued  for,  and  the  time  in  which  they  shall 
be  made  payable.  Such  notices  shall  be  posted  at  least  fourteen 
days  before  the  meeting,  and  the  voting  shall  be  done  by  means 
of  written  or  printed  ballots,  and  all  ballots  shall  be  prepared 
before  the  opening  of  the  polls  and  shall  be  in  substantially  the 
following  form : 

For  issuing  bonds  in  the  sum  of  $ at per 

cent.,  to  run years, 

Yes      I         1 

and  if  a  majority  of  the  votes  cast  shall  be  in  favor  of  issuing 
bonds  the  school  board,  through  its  proper  officers,  shall  forth- 
with issue  bonds  in  accordance  with  such  vote ;  but  if  a  majority 
of  all  votes  cast  are  against  issuing  bonds  then  no  further  action 
can  be  had  and  the  question  shall  not  be  again  submitted  to  a 
vote  for  one  year  thereafter,  except  for  a  different  amount; 
provided,  that  the  question  of  issuing  bonds  shall  not  be  sub- 
mitted to  a  vote  of  the  district,  and  no  meeting  shall  be  called 
for  that  purpose  until  the  district  school  board  shall  have  been 
petitioned  in  writing  by  at  least  one-third  of  the  voters  of  the 
district. 

§  224.  BONDS,  DENOMINATION  OF.  INTEREST.  LIMIT  OF  ISSUE.] 
The  denominations  of  the  bonds  which  may  be  issued  under 
the  provisions  of  this  article  shall  be  fifty  dollars  or  some  multi- 
ple of  fifty,  and  shall  bear  interest  at  a  rate  not  exceeding  five 
per  cent  per  annum,  payable  semi-annually  on  the  first  day  of 
January  and  July  in  each  year,  in  accordance  with  interest 
coupons  which  shall  be  attached  to  such  bonds;  provided,  that 
the  amount  of  bonds  including  all  other  indebtedness  shall  not 
exceed  five  per  cent  of  the  assessed  valuation  of  the  school  dis- 
trict and  may  be  made  payable  in  not  less  than  ten  or  more  than 
twenty  years  from  their  date. 

§  225.  BONDS,  RECORD  OF  TO  BE  KEPT.]  Whenever  any  bonds 
are  issued  under  the  provisions  of  this  chapter  they  shall  be 
lithographed  or  printed  on  bond  paper  and  shall  state  upon  their 
face  the  date  of  their  issue,  the  amount  of  the  bonds,  to  whom 
and  for  what  purpose  issued,  also  the  time  and  place  of  payment, 
and  the  rate  of  interest  to  be  paid.  They  shall  have  printed 
upon  the  margin  the  words  "Authorized  by  Article  14  of  chapter 
of  the  Session  Laws  of  North  Dakota  of  1911."  Imme- 
diately after  the  issuing  of  school  bonds  pursuant  to  this  chap- 


70  GENERAL   SCHOOL  LAWS 

ter  the  clerk  of  the  school  district  so  issuing  its  bonds  shall  file, 
with  the  county  auditor  of  the  county  in  which  such  district  is 
situated,  certified  copies  of  all  the  proceedings  had  in  such  dis- 
trict relative  to  the  issuing  of  such  bonds  and  also  a  statement 
of  the  amount  of  the  indebtedness  of  such  school  district;  and 
before  any  of  the  bonds  are  disposed  of  they  shall  be  presented 
to  the  county  auditor  of  the  county  in  which  the  school  district 
issuing  the  same  is  situated.  He  shall  carefully  examine  the 
records  of  the  proceedings  of  such  school  district  upon  the 
question  of  issuing  such  bonds  as  the  same  are  filed 
with  him  as  hereinbefore  directed,  and  shall  satisfy  himself  by 
the  evidence  thus  furnished,  whether  or  not  all  the  laws  of  the 
state  relative  to  the  issuing  of  such  bonds  have  been  complied 
with.  If  satisfied  that  they  have  been  and  that  the  bonds  in 
question  have  been  legally  issued,  he  shall  in  a  book  kept  for 
such  purpose,  preserve  a  register  of  each  bond  showing  in  sep- 
arate columns  the  name  of  the  school  district  issuing  the  bonds, 
the  number  of  such  bonds,  the  denomination  thereof,  the  date 
of  their  issue,  the  date  when  they  will  mature,  the  names  of  the 
school  officers  executing  the  same  and  such  other  facts  as  may 
be  pertinent  and  he  shall  then  indorse  on  each  of  such  bonds  the 
following  certificate: 

State  of  North  Dakota,  ^| 

f  ss: 
County   of J 

I,  ,  County  auditor,  do  hereby 

certify  that  the  within  bond  is  issued  pursuant  to  law  and  is 
within  the  debt  limit  prescribed  by  the  constitution  of  the  state 

of  North  Dakota,  and  in  accordance  with  the  vote  of 

school  district  at   a   

(regular  or  special)   meeting  held  on  the  day 

of  A.  D.,  19 to  issue  bonds  to 

the  amount  of  dollars,  and  is  a  legal 

and  valid  debt  of  such  school  district ;  that  such  bonds  are  fully 
registered  in  this  office  and  that  such  school  district  is  legally 
organized  and  the  signatures  affixed  to  such  bonds  are  the  gen- 
uine signatures  of  the  proper  officers  of  such  school  district. 

The  blanks  shall  be  filled  according  to  the  facts,  and  the  cer- 
tificate officially  signed  by  the  county  auditor  and  attested  by 
his  official  seal.  Such  bonds  shall  be  signed  by  the  president 
and  clerk  of  the  school  board  and  shall  be  registered  in  a  book 
to  be  kept  by  the  clerk  for  that  purpose,  in  which  shall  be  entered 
the  number,  date  and  name  of  the  person  to  whom  issued  and 
the  date  when  the  same  will  become  due. 

"§  226.  SINKING  FUND  AND  INTEREST  TAX.]  In  addition  to  the 
amount  that  may  already  be  assessed  under  existing  laws  there 
shall  be  levied  annually,  upon  the  taxable  property  of  the  school 
district  so  issuing  bonds  at  or  before  their  issuance  and  collected 
as  other  taxes  are  collected,  a  sum  sufficient  to  pay  interest  upon 


STATE    OF   NORTH    DAKOTA  71 

such  bonded  indebtedness,  and  in  like  manner  a  further  annual 
tax  to  create  a  sinking  fund  that  will  at  the  maturity  of  such 
bonds  be  sufficient  to  pay  the  principal  thereof,  and  said  sinking 
fund  shall  be  used  for  no  other  purpose,  except  that  whenever 
there  are  sufficient  funds  on  hand,  belonging  to  such  sinking 
fund,  the  school  board  may  in  its  discretion,  purchase  any  of  the 
outstanding  bonds  at  their  market  value  and  pay  for  the  same 
out  of  such  sinking  fund;  provided,  that  the  school  district 
board  may  designate  one  or  more  national  or  state  banks  in  its 
county  for  a  depositary  for  such  sinking  fund;  and  in  such  case 
the  school  board  shall  advertise  for  at  least  two  weeks  in  some 
newspaper  printed  in  the  county  for  sealed  proposals  for  the 
deposit  of  the  sinking  fund  of  such  school  district,  reserving  the 
right  to  reject  any  and  all  bids  and  satisfying  itself  of  the  re- 
sponsibility of  all  banks  proposing  to  act  as  depositaries.  Before 
any  bank  shall  be  designated  as  such  depositary,  it  shall  present 
to  the  school  board  a  sealed  proposal  stating  in  writing  what 
rate  of  interest  will  be  paid  for  the  deposit  of  such  sinking  fund, 
and  shall  submit  to  the  board  for  its  approval,  a  bond  payable 
to  the  school  district  conditioned  for  the  safe  keeping  and  re- 
payment of  any  funds  deposited  in  such  bank,  which  bond  shall 
be  signed  by  not  less  than  three  freeholders  of  the  county  or 
by  a  surety  company  as  surety,  such  bond  to  be  in  the  sum 
required  by  the  school  board  but  in  no  case  less  than  double 
the  probable  amount  of  funds  to  be  deposited  in  such  bank.  The 
approval  of  such  bond  shall  be  indorsed  thereon  by  the  board 
and  deposited  with  the  county  auditor,  and  any  bank  whose 
bond  shall  have  been  so  approved  shall  thereupon  be  designated 
by  the  school  board  as  a  depositary  for  the  sinking  fund,  and 
shall  continue  as  such,  until  such  time  as  the  board  shall  read- 
vertise  for  bids  as  aforesaid,  and  new  depositaries  are  desig- 
nated and  qualified,  or  until  such  funds  are  needed  for  the  pay- 
ment or  purchase  of  bonds  as  provided  in  this  section.  When 
the  sinking  fund  of  any  school  district  is  deposited  by  the  dis- 
trict treasurer  in  the  name  of  the  school  district  in  such  deposi- 
tary, such  treasurer  and  his  sureties  shall  be  exempt  from  all 
liability  thereon  by  reason  of  loss  of  any  such  funds  from  the 
failure,  bankruptcy  or  any  other  act  of  any  such  bank,  to  the 
extent  only  of  such  funds  in  the  hands  of  such  bank  or  banks 
at  the  time  of  failure  or  bankruptcy.  Such  depositary  shall  fur- 
nish to  the  school  district  clerk  prior  to  the  fifth  day  of  July  of 
each  year,  a  verified  statement  of  the  school  district's  account, 
with  such  depositary  for  the  year  ending  June  thirtieth,  which 
statement  shall  show  a  credit  to  such  deposit  account  of  all  sums 
of  interest  accruing  on  the  sinking  fund  deposited. 

§  227.  BONDS,  HOW  NEGOTIATED.]  When  any  bonds  shall  be 
issued  under  the  provisions  of  this  article,  the  county  treasurer 
shall  have  authority  to  negotiate  and  sell  such  bonds  for  not  less 
than  par,  and  the  said  district  treasurer  shall  apply  the  pro- 


72  GENERAL   SCHOOL  LAWS 

ceeds  arising  from  the  sale  of  such  bonds  only  for  the  purpose 
of  building  and  furnishing  a  school  house  and  purchasing  grounds 
on  which  the  said  school  house  shall  be  located,  or  to  fund  any 
outstanding  indebtedness,  according  to  the  express  purpose  for 
which  such  bonds  were  authorized  by  the  voters,  as  provided  in 
section  222  of  this  chapter. 

§  228.  COUNTY  AUDITOR  MAY  LEVY  TAX  TO  PAY  BONDS.  WHEN.] 
When  any  school  board  neglects  or  refuses  to  levy  a  tax  in  ac- 
cordance with  law  to  meet  outstanding  bonds  or  the  interest 
thereon,  the  county  auditor  shall  have  power  to  levy  such  tax 
and  when  collected  to  apply  the  proceeds  to  the  payment  of  such 
coupons  and  bonds. 

§  229.  CANCELLED  BONDS,  RECORD  OP.]  When  the  bonds  of 
any  school  district  shall  have  been  paid  by  the  school  board 
they  shall  be  cancelled  by  writing  or  printing  in  red  ink  the 
words  " cancelled  and  paid"  across  each  bond  and  coupon  and 
the  date  of  payment  and  amount  paid  shall  be  entered  in  the 
clerk's  register  against  the  proper  number  of  the  bonds  and 
bonds  so  cancelled  shall  be  filed  in  the  office  of  the  district  clerk 
until  all  the  outstanding  bonds  are  paid,  when  they  shall  be 
destroyed  in  the  presence  of  the  full  board. 

§  230.  PROPOSALS  FOR  BUILDING  SCHOOL  HOUSES.]  When  any 
school  house  is  built  with  funds  provided  for  in  the  manner 
herein  authorized,  the  school  board  shall  advertise  at  least  thirty 
days  in  some  newspaper  printed  in  the  county  or  by  posting 
notices  for  the  same  length  of  time  in  at  least  three  of  the  most 
public  and  conspicuous  places  if  no  newspaper  is  published  in 
the  county  for  sealed  proposals  for  building  such  school  house 
in  accordance  with  plans  and  specifications  furnished  by  the 
school  board,  reserving  the  right  to  reject  any  and  all  bids,  and 
if  any  of  the  proposals  shall  be  reasonable  and  satisfactory  such 
board  shall  award  the  contract  to  the  lowest  responsible  bidder 
and  shall  require  of  such  contractor  a  bond  in  double  the  amount 
of  the  contract,  conditioned  that  he  will  properly  account  for  all 
money  and  property  of  the  school  district  that  may  come  into 
his  hands  and  that  he  will  perform  the  conditions  of  his  con- 
tract in  a  faithful  manner  and  in  accordance  with  its  provisions ; 
and  in  case  all  the  proposals  are  rejected,  such  board  shall  ad- 
vertise anew  in  the  same  manner  as  before  until  a  reasonable  bid 
shall  be  submitted. 

§  231.  PROVISIONS  OF  THIS  ARTICLE.  How  APPLICABLE.]  The 
provisions  of  this  article  shall  be  applicable  to  and  authorize 
the  issuance  of  bonds  by  such  school  districts  as  have  already 
built  school  houses  and  issued  orders  or  warrants  therefor,  and 
any  such  school  district  may  vote  to  bond  the  indebtedness  in- 
curred by  reason  of  building  and  furnishing  a  school  house  and 
purchasing  a  site  for  the  same  and  bonds  may  be  issued  in  the 
same  manner  as  hereinbefore  provided  for  building  and  furnish- 
ing school  houses. 


STATE   OF   NORTH    DAKOTA  73 

5 

ARTICLE  XV.— COMPULSORY  EDUCATION  AND 
MEDICAL  INSPECTION. 

§  232.  SCHOOL  AGE.  WHO  EXEMPT  FROM  COMPULSORY  ATTEND- 
ANCE.] Every  parent,  guardian  or  other  person  who  resides  in 
any  school  district  or  city  and  who  has  control  over  any  child 
of  or  between  the  ages  of  eight  and  fifteen  shall  send  every 
such  child  to  a  public  school  in  each  year  during  the  entire  time 
the  public  schools  of  such  district  or  city  are  in  session;  and 
every  parent,  guardian  or  other  person  having  control  of  any 
deaf,  blind,  or  feeble  minded  child  or  youth  between  the  ages  of 
seven  and  twenty-one  years  of  age  shall  be  required  to  send  such 
deaf  child  to  the  school  for  the  deaf  at  the  city  of  Devils  Lake 
for  the  entire  school  year,  unless  excused  by  the  superintendent 
or  principal  of  .such  school,  such  blind  child  to  the  school  for 
the  blind  at  Bathgate  for  the  entire  school  year,  unless  excused 
by  the  superintendent  or  principal  of  such  school,  and  such 
feeble-minded  child  to  the  institution  for  the  feeble-minded  at 
Graf  ton;  provided,  that  such  parent,  guardian  or  other  person 
having  control  of  any  child  shall  be  excused  from  such  duty  by 
the  school  board  of  the  district  or  by  the  board  of  education 
of  the  city  or  village  whenever  it  shall  be  shown  to  their  satis- 
faction, subject  to  appeal  as  provided  by  law,  that  one  of  the 
following  reasons  therefor  exists: 

1.  That  such  child  is  taught  for  the  same  length  of  time  in  a 
parochial  or  private  school,   approved  by  the   county  superin- 
tendent of  schools,  subject  to  the  appeal  to  the  superintendent 
of  public  instruction;  that  no  school  shall  be  approved  by  the 
county  superintendent   of  schools   or  superintendent   of  public 
instruction  unless  the  branches  usually  taught  in  the  common 
schools  are  taught  in  such  schools. 

2.  That  such  child  is  actually  necessary  to  the  support  of  the 
family. 

3.  That  such  child  has  already  acquired  the  branches  of  learn- 
ing taught  in  the  public  schools. 

4.  That  such  child  is  in  such  a  physical  or  mental  condition 
(as  declared  by  a  licensed  physician,  if  required  by  the  board) 
as  to  render  such  attendance  inexpedient  or  impracticable. 

If  no  school  is  taught  the  requisite  length  of  time  within  two 
and  one  half  miles  of  the  residence  of  such  child  by  the  nearest 
route,  such  attendance  shall  not  be  enforced,  except  in  cases  of 
consolidated  schools  where  transportation  may  be  arranged  by 
the  school  board;  provided,  that  in  districts  where  children  live 
beyond  the  two  and  one-half  mile  limit  and  school  facilities  are 
not  otherwise  provided,  the  district  board  shall  provide  trans- 
portation for  such  children  to  and  from  school.  In  districts 
having  consolidated  schools  where  transportation  is  arranged 
for  by  the  school  board,  or  in  other  districts  providing  transpor- 
tation, attendance  shall  be  required  of  pupils  residing  within 
five  miles  of  such  school  or  schools;  but  this  provision  shall  not 


74  GENERAL   SCHOOL  LAWS 

apply  to  deaf,  blind  or  feeble-minded  children  in  this  state;  pro- 
vided, further,  that  this  section  shall  not  be  construed  to  apply 
to  parents,  guardians  or  other  persons  having  control  of  any 
child  or  children  between  the  ages  of  eight  and  fifteen  who  de- 
sire to  send  such  child  or  children  for  a  total  period  of  not  ex- 
ceeding six  months,  which  may  be  taken  in  one  or  more  years, 
to  any  parochial  school  for  the  purpose  of  preparing  such  child 
or  children  for  certain  religious  duties. 

§  233.  SCHOOLS  EQUALLY  FREE  AND  ACCESSIBLE.]  The  public 
schools  provided  for  in  this  chapter  shall  be  at  all  times  equally 
free,  open  and  accessible  to  all  children  over  six  and  under 
twenty-one  years  of  age  residing  in  the  district. 

§  234.  PENALTY.]  Any  such  parent,  guardian  or  other  person 
tailing  to  comply  with  the  requirements  of  the  foregoing  sec- 
tions, shall  upon  conviction  thereof  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  fined  in  a  sum  not  less  than  five  nor  more 
than  twenty  dollars  for  the  first  offense  and  not  less  than  ten 
dollars  nor  more  than  fifty  dollars  for  the  second  and  every 
subsequent  offense,  with  costs  in  each  case. 

§  235.  PROSECUTION  FOR  NEGLECTING  THIS  DUTY.]  It  shall  be 
the  duty  of  the  superintendent  or  principal  of  schools  in  any 
city,  town  or  village,  or  the  teacher  of  any  district  school,  or 
the  county  superintendent  of  schools  for  children  that  are  deaf, 
blind  or  feeble-minded,  to  inquire  into  all  cases  of  negligence  of 
the  duty  prescribed  in  this  article  and  to  ascertain  from  the  per- 
son neglecting  to  perform  such  duty  the  reason  therefor,  if  any, 
and  in  common  school  districts  notify  the  county  superintendent 
of  schools  of  such  neglect;  the  said  county  superintendent,  upon 
proper  presentation  of  facts,  shall  lay  the  complaint  before  the 
state's  attorney,  whose  duty  it  will  be  to  proceed  forthwith  to 
secure  the  prosecution  for  any  offense  occurring  under  this  arti- 
cle. In  special  or  independent  districts  the  superintendent  or 
principal  of  schools  shall  lay  the  complaint  before  the  state's 
attorney  who  shall  proceed  as  above ;  provided,  further,  that  the 
board  of  education  or  district  school  board  in  any  city  or  school 
district  of  over  five  hundred  inhabitants  may  employ  a  truant 
officer  who  shall  perform  the  duties  implied  in  this  section. 

§  236.  MEDICAL  INSPECTION  OF  SCHOOLS.]  The  board  of  any 
school  corporation  may  employ  one  or  more  physicians  as  medi- 
cal inspector  of  schools.  It  shall  be  the  duty  of  the  medical 
inspector  to  examine,  at  least  once  annually,  all  children  enrolled 
in  the  public  schools  of  the  district,  except  those  who  present 
a  certificate  of  health  from  a  licensed  physician,  and  to  make 
out  suitable  records  for  each  child,  one  copy  of  which  shall  be 
filed  with  the  county  or  city  superintendent  of  schools.  Notice 
of  physical  defects  of  abnormal  or  diseased  children  shall  be 
sent  to  the  parents,  with  recommendations  for  the  parent's  guid- 
ance in  conserving  the  child's  health.  The  medical  inspector 
shall  co-operate  with  state,  county  and  township  boards  of 


STATE    OF   NORTH    DAKOTA  75 

health  in  dealing  with  contagious  and  infectious,  diseases  and 
to  secure  medical  treatment  for  indigent  children.  It  shall  be 
the  duty  of  the  county  and  city  superintendents  of  schools  to 
co-operate  with  school  boards  in  promoting  medical  inspection. 
He  may  arrange  schools  by  groups,  especially  in  the  rural  dis- 
tricts, for  the  purposes  of  inspection,  and  shall  advise  school 
boards  with  a  view  to  securing  the  most  efficient  and  economical 
administration  of  this  law.  The  school  board  or  board  of  edu- 
cation shall  furnish  all  blanks  and  other  needed  supplies  for  this 
purpose. 

AETICLE  XVI.— FINES,  FORFEITURES  AND  PENALTIES. 

*  §  237.  PENALTY  FOR  NEGLECT  OF  DUTY  BY  SCHOOL  DIRECTOR,  TREAS- 
URER OR  CLERK.]  Each  person  duly  elected  to  any  school  district 
office,  who,  having  entered  upon  the  duties  of  his  office,  shall  neg- 
lect or  refuse  to  perform  any  duties  required  of  him  by  the  pro- 
visions of  this  chapter,  shall  upon  conviction  be  fined  in  the 
sum  of  ten  dollars  and  his  office  shall  be  deemed  vacant. 

§  238.  PENALTY  FOR  FALSE  ELECTION  RETURNS.]  Any  judge  or 
clerk  of  election,  school  district  clerk  or  county  auditor  who  wil- 
fully violates  the  provisions  of  this  chapter  in  relation  to  elec- 
tions or  who  wilfully  makes  a  false  return  shall  upon  conviction 
be  deemed  guilty  of  a  felony. 

§  239.  SPECULATION  IN  OFFICE  PROHIBITED.]  No  school  officer 
shall  personally  engage  in  the  purchase  of  any  school  bonds  or 
warrants  nor  shall  any  such  officer  be  personally  interested  in 
any  contract  requiring  the  expenditure  of  school  funds  except 
for  the  purchase  of  fuel  and  the  procuring  of  insurance  and 
such  supplies  as  are  in  daily  use,  but  not  including  furniture, 
or  the  expenditure  of  funds  appropriated  by  the  state,  county, 
school  corporation  or  otherwise,  for  any  special  purpose  con- 
nected with  his  office.  Any  violation  of  this  section  shall  be  a 
misdemeanor. 

§  239 A.  PENALTY  FOR  UNLAWFUL  DRAWINGS  OF  SCHOOL  MONEY.] 
Any  person  who  draws  money  from  the  county  treasury,  who  is 
not  at  the  time  a  duly  qualified  treasurer  of  the  school  corpora- 
tion for  which  he  draws  the  money  and  anthorized  to  act  as 
such,  shall  be  guilty  of  a  misdemeanor  and  shall  upon  convic- 
tion thereof  be  punished  by  a  fine  of  not  less  than  twenty-five 
dollars. 

§  239B.  USE  OF  SCHOOL  FUNDS.  WHEN  EMBEZZLEMENT.]  Each 
treasurer  who  shall  loan  any  portion  of  the  money  in  his  hands 
belonging  to  any  school  district,  whether  for  consideration  or 
not,  or  who  shall  expend  any  portion  thereof  for  his  own  or  any 
other  person's  private  use,  is  guilty  of  embezzlement,  and  no 
such  treasurer  shall  pay  over  or  deliver  the  school  money  in  his 
hands  to  any  officer  or  person  or  to  any  committee  to  be  ex- 
pended by  him  or  them;  but  all  public  funds  shall  be  paid  out 
only  by  the  proper  treasurer  as  hereinbefore  provided. 


76  GENERAL  SCHOOL  LAWS 

§  239C.  ACTION  TO  RECOVER  MONEY  WHEN  TREASURER  FAILS  TO 
PAY  OVER.]  If  any  person  shall  refuse  or  neglect  to  pay  over  any 
money  in  his  hands  as  treasurer  of  a  school  district  to  his  succes- 
sor in  office  his  successor  must,  without  delay,  bring  action  upon 
the  official  bond  of  such  treasurer  for  the  recovery  of  such  money. 

§  239D.  PENALTY.  WHEN  INDORSEMENT  OF  UNPAID  WARRANTS 
is  NOT  MADE.]  Any  violation  by  a  district  treasurer  of  the  pro- 
visions of  this  chapter  requiring  indorsement  of  warrants  not 
paid  for  want  of  funds,  and  the  payment  thereof  in  the  order 
of  presentation  and  indorsement  is  a  misdemeanor  punishable  by 
a  fine  not  exceeding  one  hundred  dollars. 

§  240.  PENALTY  FOR  FALSE  REPORTS.]  Each  school  officer  who 
wilfully  signs  or  transmits  a  false  report  to  the  county  super- 
intendent or  wilfully  signs,  issues  or  publishes  a  false  statement 
of  facts  purporting  or  appearing  to  be  based  upon  the  books, 
accounts  or  records,  or  of  the  affairs,  resources  and  credit  of  the 
district  shall  upon  conviction  be  punished  by  a  fine  not  exceeding 
fifty  dollars  or  by  imprisonment  in  the  county  jail  not  exceeding 
fifteen  days. 

§  241.  PENALTY  FOR  WILFUL  DISTURBANCE  OF  SCHOOL.]  Each  per- 
son whether  pupil  or  not,  who  wilfully  molests  or  disturbs  a 
public  school  when  in  session  or  who  wilfully  interferes  with 
or  interrupts  the  proper  order  of  management  of  a  public  school 
by  act  of  violence,  boisterous  conduct  or  threatening  language, 
so  as  to  prevent  the  teacher  or  any  pupil  from  performing  his 
duty,  or  who  shall  in  the  presence  of  the  school  children  upbraid, 
insult  or  threaten  the  teacher,  shall  upon  conviction  thereof  be 
punished  by  a  fine  not  exceeding  twenty-five  dollars  or  by  im- 
prisonment in  the  county  jail  for  a  period  not  exceeding  ten 
days,  or  by  both. 

§  242.  PROPOSALS  FOR  CONTRACTS.]  No  contract  except  for 
teacher's  salary,  professional  services,  janitors'  wages,  or  school 
text  books  involving  the  expenditure  of  school  funds  or  money 
appropriated  for  any  purpose  relating  to  the  educational  system 
of  this  state,  or  any  county,  district  or  school  corporation  there- 
in, when  the  amount  exceeds  one  hundred  dollars,  shall  be  let 
until  proposals  are  advertised  for  a  period  of  ten  days,  and  after 
such  advertisement,  only  to  the  lowest  responsible  bidder.  Any 
violations  of  this  section  shall  be  a  misdemeanor. 

AETICLE  XVII.— STATE  BOAED   OF  EXAMINEES. 
EXAMINATIONS   AND   CEETIFCATES. 

§  243.  BOARD  OF  EXAMINERS.]  A  state  board  of  examiners  is 
hereby  created  consisting  of  the  state  superintendent  of  public 
instruction,  who  shall  be  secretary  thereof,  and  four  other  per- 
sons actively  engaged  in  educational  work  in  this  state  who  shall 
be  appointed  by  the  governor  each  for  a  term  of  four  years,  pro- 
vided that  the  term  of  the  first  board  shall  be :  two  members  for 
a  period  of  four  years  and  two  members  for  a  period  of  two  years, 


STATE   OF   NORTH    DAKOTA  77 

the  length  of  the  term  of  the  appointive  members  to  be  designat- 
ed by  the  governor  in  making  the  appointments. 

§  244.  ORGANIZATION.]  Within  fifteen  days  of  the  date  of 
their  appointment  the  members  shall  meet  at  the  state  capitol 
and  organize.  The  board  shall  annually  elect  one  of  its  members 
president.  Three  of  said  members  shall  constitute  a  quorum. 
The  board  shall  meet  annually  on  the  first  Monday  in  July  and 
at  such  other  times  as  may  be  deemed  necessary  for  the  proper 
transaction  of  business,  upon  the  call  of  the  president  or  secre- 
tary. 

§  245.  COMPENSATION.]  Each  appointive  member  of  the  board 
shall  receive  as  full  compensation  for  his  services  the  sum  of 
five  dollars  per  day  for  each  day  necessarily  and  actually  em- 
ployed in  the  discharge  of  his  duties  and  in  addition  thereto  his 
actual  and  necessary  traveling  expenses. 

§  246.  ANNUAL  REPORT.]  The  board  shall,  on  or  before  the 
first  day  of  November  of  each  year,  make  a  report  to  the  gover- 
nor covering  the  school  year  ending  June  30th,  preceding,  set- 
ting forth  in  detail  all  its  official  transactions. 

§  247.  DUTIES.]  The  state  board  of  examiners  shall  prepare 
or  cause  to  be  prepared  all  questions  for  examinations  for  all 
certificates  to  teach  in  this  state,  and  shall  prescribe  the  rules 
and  regulations  governing  the  same,  shall  examine,  mark  and 
file  all  answer  papers  for  all  certificates  or  cause  the  same  to  be 
done,  and  shall  issue  all  certificates  to  teach  in  the  public  schools 
of  this  state. 

§  248,  CERTIFICATES.]  There  shall  be  four  regular  grades  of 
certificates  issued  by  the  board  of  examiners.  These  shall  be 
issued  only  to  persons  of  good  moral  character  who  fulfill  all 
the  requirements  specified  by  law  and  by  the  rules  and  regula- 
tions of  the  board,  viz : 

(1)  The  second  grade  elementary  certificate. 

(2)  The  first  grade  elementary  certificate. 

(3)  The  second  grade  professional  certificate. 

(4)  The  first   grade  professional  certificate. 

§  249.  SECOND  GRADE  ELEMENTARY  CERTIFICATE.]  The  second 
grade  elementary  certificate  shall  be  granted  to  those  persons 
over  eighteen  years  of  age  who  are  found  proficient  in  the  fol- 
lowing subjects:  reading,  arithmetic,  language  and  grammar, 
geography,  United  States  history,  physiology  and  hygiene  (in- 
cluding physical  culture),  civil  government,  pedagogy,  and  any 
one  of  the  following  named  subjects :  music,  drawing,  agri- 
culture, nature  study,  domestic  science,  manual  training;  pro- 
vided, that  the  board  of  examiners  may  in  their  discretion  spe- 
cify which  of  the  above  subjects  may  be  required.  The  profici- 
ency of  the  applicants  in  spelling  and  writing  will  be  determined 
from  the  papers  submitted  by  the  applicants.  The  second  grade 
elementary  certificate  shall  be  valid  for  two  years  in  any  county 
in  the  state  when  recorded  by  the  county  superintendent  of 


78  GENERAL   SCHOOL  LAWS 

schools.  It  shall  qualify  the  holder  to  teach  in  any  grade  in  rural 
and  graded  schools  up  to  and  including  the  eighth  grade,  and 
may  be  renewable  by  the  county  superintendent  of  schools  under 
rules  prescribed  by  the  board  of  examiners. 

§  250.  FIRST  GRADE  ELEMENTARY  CERTIFICATE.]  The  first  grade 
elementary  certificates  shall  be  granted  to  those  persons  over 
twenty  years  of  age  who  have  had  at  least  eight  months  exper- 
ience in  teaching  and  who,  in  addition  to  those  subjects  required 
for  a  second  grade  elementary  certificate,  are  found  proficient 
in  elements  of  psychology  and  four  of  the  following  subjects  of 
secondary  grade:  elementary  algebra,  plane  geometry,  physics, 
physical  geography,  botany,  the  elements  of  agriculture,  nature 
study,  manual  training,  domestic  science  and  American  litera- 
ture. The  first  grade  elementary  certificate  shall  be  valid  for 
three  years  in  any  county  in  the  state  when  recorded  by  the 
county  superintendent  of  schools.  It  shall  qualify  the  holder  to 
teach  in  any  grade  in  any  school  in  the  state  up  to  and  including 
the  eighth  grade  and  in  the  ninth  grade  of  schools  doing  not 
over  one  year  of  high-school  work,  and  may  be  renewable  by  the 
county  superintendent  of  schools  under  rules  prescribed  by  the 
board  of  examiners. 

§  251.  SECOND  GRADE  PROFESSIONAL  CERTIFICATE.]  The  second 
grade  professional  certificate  shall  be  granted  to  those  persons 
who  are  at  least  twenty  years  of  age  and  who  have  had  at  least 
nine  months  experience  in  teaching  and  have  the  quali- 
fications necessary  for  a  first  grade  elementary  certifi- 
cate, and  who  in  addition  are  found  proficient  in  the 
following  subjects  of  advanced  grade:  (1)  psychology, 
(2)  the  history  of  education,  (3)  the  principles  of  edu- 
cation, (4)  school  administration,  (5)  methods  in  elementary 
subjects,  (6)  rhetoric  and  composition,  (7)  American  or  English 
literature,  (8)  Ancient,  English  or  American  history,  (9)  some 
one  natural  science  (which  may  include  agriculture),  (10)  higher 
algebra,  solid  geometry,  manual  training  or  domestic  science. 
The  second  grade  professional  certificate  shall  legally  qualify  the 
holder  to  teach  in  any  of  the  common,  graded  or  high  schools 
of  the  state,  except  in  the  high  school  departments  of  schools 
doing  four  years  of  high  school  work.  It  shall  be  valid  for  a 
period  of  five  years  and  shall  be  renewable  in  the  discretion  of 
the  board  for  a  period  of  years  or  for  life. 

§  252.  FIRST  GRADE  PROFESSIONAL  CERTIFICATE.]  The  first  grade 
professional  certificate  shall  be  granted  to  those  persons  who 
have  substantially  the  equivalent  of  a  college  education,  and 
who  have  had  at  least  eighteen  months*  experience  in  teaching. 
They  shall  have  all  the  qualifications  necessary  for  a  second  grade 
professional  certificate,  and  in  addition  thereto,  be  found  profi- 
cient in  the  following  subjects:  (1)  foreign  language,  (2)  a 
natural  science  other  than  the  one  presented  for  the  second 
grade  professional  certificate,  (3)  ethics,  logic  or  sociology,  (4) 


STATE   OF   NORTH    DAKOTA  79 

political  science,  economics  or  domestic  science,  (5)  any  two 
subjects  of  college  grade  listed  for  the  second  grade  professional 
certificate  and  not  previously  offered  by  the  applicant.  The 
first  grade  professional  certificate  shall  qualify  the  holder  to 
teach  in  all  the  common,  graded  and  high  schools  of  the  state, 
and  shall  be  valid  for  five  years,  or  for  life. 

§  253.  SPECIAL  CERTIFICATES.]  The  board  may  grant  special 
certificates  authorizing  the  holders  to  teach  in  any  of  the  com- 
mon graded  or  high  schools,  (1)  drawing,  (2)  music,  (3)  kinder- 
garten, or  (4)  primary  subjects,  to  teachers  holding  at  least  a 
second  grade  elementary  certificate.  Special  certificates  to 
teach  (1)  agriculture,  (2)  commercial  subjects,  (3)  domestic 
science,  or  (4)  manual  and  industrial  training  in  the  common, 
graded  or  high  schools  of  the  state,  may  be  issued  to  applicants 
who  possess  qualifications  equivalent  to  those  required  for  a 
second  grade  professional  certificate.  The  applicant  for  a  spe- 
cial certificate  must  satisfy  the  board  by  examination  or  other- 
wise of  his  proficiency  in  the  subject  which  the  holder  is  author- 
ized to  teach.  Special  certificates  shall  be  valid  for  such  a  term 
of  years  as  the  board  shall  prescribe. 

§  254.  DIPLOMAS  ACCREDITED.]  The  diplomas  granted  on  the 
completion  of  the  four-year  curriculum  of  Teachers  College  of 
the  University  of  North  Dakota,  shall  be  accredited  as  a  first 
grade  professional  certificate  for  two  years,  and  after  the  holder 
has  had  nine  months  successful  experience  in  teaching,  satis- 
factory evidence  of  which  having  been  filed  with  the  board, 
such  diploma  shall  entitle  the  owner  to  a  first  grade  professional 
certificate  for  life. 

(2)  The  diploma  from  the  advanced,  or  five  year  curriculum 
of  the  state  normal  schools,  or  its  equivalent,"  the  two-year  cur- 
riculum for  high  school  graduates,  shall  be  accredited  as  a  sec- 
ond grade  professional  certificate  for  two  years,  and  after  the 
holder  has  had  nine  months  successful  experience  in  teaching 
satisfactory  evidence  of  which  having  been  filed  with  the  board, 
such  diploma  shall  entitle  the  holder  to  a  second  grade  profes- 
sional certificate  valid  for  life. 

(3)  The  diploma  from  the  four-year  curriculum  of  the  state 
normal  schools  or  its  equivalent,   the   one-year  curriculum  for 
high  school  graduates  shall  be.  accredited  as  a  professional  certi- 
ficate of  the  second  grade  for  two  years,  and,  after  the  holder 
has  had  nine  months  successful  experience  in  teaching,  satisfac- 
tory evidence  of  which  having  been  filed  with  the  board,  shall 
entitle   the   holder   to    a   second    grade   professional   certificate, 
valid  for  five  years,  which  certificate  shall  be  renewable  in  the 
discretion  of  the  board. 

(4)  The  certificate  of  completion  issued  by  the  state  normal 
schools  to  those  who  complete  the  ten-and-one-half  months'  cur- 
riculum of  the  state  normal  schools  shall  entitle  the  holder  to  a 
second  grade  elementary  certificate. 


80  GENERAL   SCHOOL  LAWS 

§  255.  OTHER  DIPLOMAS  ACCREDITED.]  Diplomas  from  institu- 
tions within  or  without  the  state  shall  be  accredited,  and  pro- 
fessional certificates  issued  thereon  upon  the  following  basis: 
(a)  the  bachelor's  diploma  from  a  college  of  recognized  stand- 
ing shall  be  valid  for  a  period  of  two  years,  after  its  presenta- 
tion to  the  board,  as  a  first  grade  professional  certificate,  pro- 
vided, that  the  diploma  implies  at  least  two  year  courses,  or 
sixteen  semester  hours,  of  professional  preparation  for  teaching, 
or  in  lieu  of  such  professional  study,  that  the  holder  of  the  diplo- 
ma has  had  three  years  successful  experience  in  teaching  or  in 
administering  schools  after  receiving  such  diploma;  and  after 
the  holder  has  had  nine  months  of  successful  experience  in  teach- 
ing, after  the  presentation  of  such  diploma,  satisfactory  evidence 
of  such  experience  having  been  filed  with  the  board,  he  shall  be 
•entitled  to  a  first  grade  professional  certificate  which  shall  be 
valid  for  five  years  and  which  shall  be  renewed  for  life  upon 
satisfactory  evidence  of  successful  experience  for  five  years. 

(b)  The  diploma  or  certificate  from  institutions  whose  cur- 
riculum is  the  equivalent  of  the  four  year  or  the  five  year  cur- 
riculum of  the  state  normal  schools  shall  be  valid  for  two  years 
as  a  second  grade  professional  certificate,  provided,  that  the 
diploma  or  certificate  implies  at  least  two  year  courses,  or  six- 
teen semester  hours,  of  professional  preparation  for  teaching  or, 
in  lieu  of  such  professional  study,  that  the  holder  of  the  diploma 
has  had  three  years  of  successful  experience  in  teaching  or  in 
administering  schools  after  receiving  such  diploma;  and  after 
the  holder  of  such  diploma  has  had  nine  months  of  successful 
-experience,  in  teaching  after  receiving  such  diploma,  satisfac- 
tory evidence  of  such  experience  having  been  filed  with  the 
board,  he  shall  be  entitled  to  a  second  grade  professional  certi- 
ificate  valid  for  five  years  or  for  life  respectively. 

§  256.  PERMITS.]  A  college  graduate  without  experience  or 
the  required  professional  preparation  may,  for  reasons  satis- 
factory to  the  board,  be  granted  a  permit,  or  probationary  certi- 
ficate, valid  until  such  time,  not  to  exceed  six  months,  as  shall 
be  set  by  the  board  for  his  examination  on  the  professional  sub- 
jects, when,  if  successful  he  may  be  granted  a  certificate,  valid 
for  a  term  of  years  or  for  life.  Permits  to  teach  till  the  next 
regular  examination  may  be  granted  by  the  county  superin- 
tendent of  schools  to  any  person  applying  at  any  time  other  than 
the  regular  examination,  who  can  show  satisfactory  reasons  for 
not  attending  the  previous  examination  and  satisfactory  evi- 
dence of  qualification,  subject  to  the  rules  and  regulations  of 
the  board. 

§  257.  ACCREDITED  WORK.]  The  board  of  examiners  shall  be 
authorized  to  accredit,  under  its  rules  and  regulations,  the  spe- 
cific marks  or  standings  given  in  high  schools,  summer  schools, 
normal  schools  and  the  other  institutions  of  this  state,  when 


STATE   OF   NORTH    DAKOTA  81 

upon  investigation  it  deems  such  standings  good  evidence  of  pro- 
ficiency in  the  subjects  specified. 

§  258.  HIGH  SCHOOL  DIPLOMAS.]  Diplomas  from  high  schools 
during  four  years  work  granted  to  graduates  who  have  had  psy- 
chology, pedagogy,  and  two  senior-review  subjects  shall  be  ac- 
credited as  second  grade  elementary  certificates;  and  if  within 
two  years  from  the  date  of  the  diploma  the  holder  has  had  at 
least  eight  months'  successful  experience  in  teaching,  he  shall 
be  entitled  to  a  first  grade  elementary  certificate. 

§  259.  EXAMINATION  CONDUCTED  BY  COUNTY  SUPERINTENDENT.] 
Under  the  direction  of  the  state  board  of  examiners,  the  county 
superintendent  shall  hold  a  public  examination  of  all  persons 
over  eighteen  years  of  age  offering  themselves  as  applicants  for 
teachers'  certificates,  at  the  most  suitable  place  or  places  in  the 
county  on  the  second  Thursday  and  Friday  in  February,  May 
August,  and  November  of  each  year,  and  when  necessary  such 
examination  may  be  continued  on  the  following  day.  He  shall 
examine  them  by  a  series  of  written  or  printed  questions,  ac- 
cording to  the  rules  prescribed  by  the  state  board  of  examiners. 
The  county  superintendent  shall  forward  all  answer  papers 
submitted  by  applicants  immediately  after  the  close  of  the  ex- 
amination to  the  state  board  of  examiners,  for  examination, 
marking,  filing  and  recording.  The  state  board  of  examiners  by 
its  president  and  secretary  shall  grant  to  each  applicant  a  cer- 
tificate of  qualification,  if  from  the  percentage  of  correct  answers 
required  by  the  rules,  said  applicant  is  found  to  possess  the 
requisite  knowledge  and  understanding  to  teach,  in  the  common 
schools  of  the  state,  the  various  branches  required  by  law;  pro- 
vided, that  sufficient  evidence  is  furnished  that  the  candidate  is 
a  person  of  good  moral  character,  has  had  successful  experience, 
if  any,  and  possesses  an  aptness  to  teach  and  govern. 

§  ^260.  PAPERS  TO  BE  KEPT  ON  FILE.  APPEALS.]  The  written 
answers  of  applicants  for  elementary  certificates,  after  being 
duly  examined  under  the  direction  of  the  state  board  of  exam- 
iners, shall  be  kept  on  file  in  the  office  of  the  secretary  of  the 
board  of  examiners  for  a  period  of  six  months  after  such  exam- 
ination, and  any  applicant  thinking  an  injustice  has  been  done 
him,  may,  by  paying  a  fee  of  one  dollar  in  the  institute  fund  of 
the  county  and  notifying  both  the  county  superintendent  and 
the  secretary  of  the  board  of  examiners  of  the  same,  have  his 
papers  specially  re-examined  by  the  board,  and,  if  such  answer 
papers  warrant  it,  the  state  board  of  examiners  shall  issue  such 
applicant  an  elementary  certificate  of  the  proper  grade. 

§  261.  QUALIFICATIONS  OF  TEACHERS.]  No  certificate  or  permit 
to  teach  shall  be  issued  to  any  person  under  eighteen  years  of 
age,  and  no  first  grade  elementary  certificate  to  any  person  who 
is  under  twenty  years  of  age,  and  who  has  not  taught  successfully 
eight  months  school.  First  and  second  grade  elementary  certifi- 
cates may  be  renewed  without  examination,  under  such  require- 


GENERAL   SCHOOL  LAWS 

ments  as  shall  be  imposed  by  the  state  board  of  examiners.  The 
certificates  issued  by  the  state  board  of  examiners  shall  be  valid 
in  any  county  in  this  state  when  recorded  by  the  county  superin- 
tendent of  schools. 

§  262.  TEACHER  MUST  HOLD  CERTIFICATE,  TO  BE  RECORDED.]  No 
person  shall  be  employed  or  permitted  to  teach  in  any  of  the 
public  schools  of  the  state,  except  those  in  cities  organized  for 
school  purposes  under  special  laws,  or  organized  as  independent 
districts  under  the  general  school  laws,  who  is  not  the  holder 
of  a  lawful  certificate  of  qualification  or  a  permit  to  teach,  and 
no  teacher '&  certificate,  issued  by  the  state  board  of  examiners 
nor  a  teacher's  diploma  granted  by  any  institution  of  learning 
in  this  state  shall  entitle  a  person  to  teach  in  such  public  schools 
of-  any  county,  unless  such  certificate  or  diploma  shall  have  been 
recorded  in  the  office  of 'the  county  superintendent  of  the  county 
in  which  the  holder  is  engaged  to  teach,  and  it  shall  be  the  duty 
of  the  county  superintendent  to  record  such  certificate  or  diploma. 

§  263.  CERTIFICATES,  WHEN  REVOCABLE.]  The  state  board  of 
examiners  is,  authorized  and  required  to  revoke  and  annul  at 
any  time  a  certificate  granted  in  this  state,  for  any  cause  which 
would  have  authorized  or  required  it  to  refuse  to  grant  the  same, 
if  known  at  the  time  it  was  granted,  and  for  incompetency,  im- 
morality, intemperance,  cruelty,  crime  against  the  laws  of  the 
state,  breach  of  contract,  refusal  to  perform  his  duty,  or  for  the 
general  neglect  of  the  work  of  the  school.  The  revocation  of 
the  certificate  shall  terminate  the  employment  of  such  teacher  in 
the  school  where  he  may  be  at  the  time  employed.  Such  teacher 
must  be  paid  up  to  the  time  of  receiving  notice  of  such  revocation. 
The  state  board  of  examiners  shall  immediately  cause  notice  to 
be  sent  to  the  clerk  of  the  school  district  where  such  teacher 
is  employed  and  notify  the  teacher  through  the  clerk,  of  such 
revocation;  and  it  shall  also  notify  each  county  superintendent 
in  the  state,  and  shall  enter  its  action  in  such  case  on  its  records. 

§  264.  PROCEEDINGS  TO  REVOKE.  TEACHER  ALLOWED  DEFENSE.] 
In  proceedings  to  revoke  a  certificate  the  board  of  examiners  may 
act  upon  personal  knowledge  or  upon  competent  evidence 
obtained  from  others.  In  the  latter  case  action  shall  be  taken 
only  after  a  fair  hearing,  and  the  teacher  must  be  notified  of 
the  charge  and  given  an  opportunity  to  make  a  defense  at  such 
time  and  place  as  may  be  stated  in  such  notice.  Upon  their 
own  knowledge  the  board  may  act  immediately  without  notice, 
after  an  opportunity  has  been  afforded  such  teacher  for  personal 
explanation.  When  any  certificate  is  revoked  the  teacher  shall 
return  it  to  the  secretary  of  the  state  board  of  examiners,  but 
if  such  teacher  refuses  or  neglects  so  to  do  the  board  may  issue 
notice  of  such  revocation  by  publication  in  some  newspaper 
printed  in  the  county  where  the  accused  was  last  employed. 

§  265.  FEES  FOR  CERTIFICATES.]  The  state  board  of  examiners 
shall  require  a  fee  of  five  dollars  from  each  applicant  for  a  first 


STATE   OF   NORTH    DAKOTA  83 

grade  professional  certificate,  and  a  fee  of  three  dollars  from 
each  applicant  for  a  second  grade  professional  certificate  or  for 
a  special  certificate.  The  same  fee  shall  be  charged  for  a  renewal 
of  a  professional  or  special  certificate  as  is  charged  for  its  issuance. 
The  county  superintendent  shall  collect  a  fee  of  two  dollars  from 
each  applicant  for  an  elementary  certificate,  and  a  fee  of  one 
dollar  for  each  renewal  of  an  elementary  certificate.  A 
deposit  of  the  fee  required  for  any  certificate  sought  must  be 
made  when  a  permit  is  issued,  which  deposit  shall  be  forfeited 
in  case  the  applicant  fails  to  take  the  following  examination. 

§  266.  DISPOSITION  OF  FEES.]  One  dollar  of  each  fee  collected 
by  the  county  superintendent  from  the  applicants  for  elementary 
certificates,  and  all  fees  received  for  the  renewal  of  elementary 
certificates  shall  be  paid  into  the  county  teachers'  institute  fund 
to  be  used  in  support  of  teachers'  institutes  or  teachers'  training 
schools  for  the  county  as  provided  by  law,  and  one  dollar  of 
each  fee  from  applicants  for  elementary  certificates  shall  be 
forwarded  to  the  state  board  of  examiners  who  shall  deposit  all 
fees  received  by  them  in  the  state  treasury  as  a  fund  from  which 
to  pay  the  clerical  help,  per  diem  and  all  other  expenses  incurred 
by  the  board  in  the  discharge  of  their  duties,  and  to  aid  in  the 
establishment  and  maintainance  of  teachers'  reading  circles  and 
in  the  professionalizing  of  teaching  in  such  other  ways  as  the 
board  may  deem  advisable. 

ARTICLE  XVIII.— DUTIES  OF  TEACHERS. 

§  266  */2.  DUTIES  AND  POWERS  OF  CITY  AND  VILLAGE  SUPERINTEND- 
ENTS.] The  superintendents  of  schools  in  all  districts  employing 
such  officer,  shall,  subject  to  the  final  authority  of  the  board, 
supervise  the  administration  of  the  course  of  study,  visit  schools, 
examine  classes,  and  have  general  supervision  of  the  professional 
work  of  the  school,  including  the  holding  of  teachers'  meetings 
and  the  classification  of  teachers.  The  superintendent,  from  time 
to  time,  shall  make  reports  to  the  board  of  education  embodying 
recommendations  relative  to  the  employment  of  teachers  and 
janitors,  adoption  of  text  books,  changes  in  the  course  of  study, 
enforcement  of  discipline,  and  general  school  matters;  and  shall 
also  make  such  other  reports  and  perform  such  other  duties  as  the 
board  of  education  may  direct  and  delegate. 

§  267.  GIVE  NOTICE  OF  OPENING  AND  CLOSING  SCHOOL.]  Each 
teacher  on  beginning  a  term  of  school  shall  give  written  notice 
to  the  county  superintendent  of  the  time  and  place  of  opening 
such  school  and  the  time  when  it  will  probably  close,  and  prior 
to  receiving  salary  for  the  first  month  each  teacher  must  exhibit 
his  certificate  or  permit  to  teach  to  the  clerk  of  the  district  school 
board.  If  such  school  is  to  be  suspended  for  one  week  or  more 
in  such  term  the  teacher  shall  notify  the  county  superintendent 
of  such  suspension. 

§  268.     WHEN  TEACHER  NOT  ENTITLED  TO  COMPENSATION.]     No 


84  GENERAL   SCHOOL  LAWS 

teacher  shall  be  entitled  to  or  receive  any  compensation  for  the 
time  he  teaches  in  any  public  school  without  a  certificate  or  permit 
to  teach,  valid  and  in  force  for  such  time  in  the  county  where 
such  school  is  taught,  except  that  if  a  teacher's  certificate  shall 
expire  by  its  own  limitation  within  six  weeks  of  the  close  of  the 
term,  such  teacher  may  finish  such  term  without  re-examination 
or  renewal  of  such  certificate. 

§  269.  TEACHER'S  REGISTER,  WHAT  TO  CONTAIN.]  Each  teacher 
shall  keep  a  school  register  and  at  the  close  of  each  term  make 
a  report  containing  the  number  of  visits  of  the  county  super- 
intendent and  such  items  and  in  such  form  as  shall  be  required. 
Such  report  shall  be  made  in  duplicate,  both  copies  of  which 
shall  be  sent  to  the  county  superintendent  who,  if  he  finds  such 
report  to  be  correct,  shall  immediately  return  one  copy  to  the 
district  clerk  to  be  filed  with  him.  No  teacher  shall  be  paid 
the  last  month's  salary  in  any  term  until  such  report  shall  have 
been  approved  by  the  county  superintendent  and  one  copy  re- 
turned to  the  district  clerk. 

§  270.  SCHOOL  YEAR  AND  SCHOOL  WEEK  DEFINED.  HOLIDAYS.] 
The  school  year  shall  begin  on  the  first  day  of  July  and  close 
on  the  thirtieth  day  of  June  of  each  year.  A  school  week 
shall  consist  of  five  days  and  a  school  month  of  twenty  days. 
No  school  shall  be  taught  on  a  legal  holiday  or  on  Saturday, 
provided,  however,  that  on  February  the  twelfth  (Lincoln's 
birthday),  February  twenty-second  (Washington's  birthday)  and 
May  the  thirtieth  (Memorial  day)  all  schools  in  session  shall 
assemble  for  a  portion  of  the  day  and  devote  the  same  to  patriotic 
exercises  consistent  with  the  day,  unless  such  holiday  shall  fall 
upon  Saturday  or  Sunday.  A  legal  holiday  in  term  time  falling 
upon  a  day  which  otherwise  would  be  a  school  day  shall  be 
counted  and  the  teacher  paid  therefor,  but  no  teacher  shall  be 
paid  for  Saturday  or  be  permitted  to  teach  on  Saturday  to  make 
up  for  the  loss  of  a  day  in  the  term. 

§  271.  BRANCHES  TO  BE  TAUGHT  IN  ALL  SCHOOLS.]  Each  teacher 
in  the  common  schools  shall  teach  pupils  as  they  are  sufficiently 
advanced  to  pursue  the  same,  the  following  branches:  Ortho- 
graphy, reading,  writing,  arithmetic,  language  lessons,  English 
grammar,  geography,  and  lessons  in  nature  study  and  elements 
of  agriculture,  United  States  History,  civil  government,  physiology 
and  hygiene,  giving  special  and  thorough  instruction  concerning 
the  nature  of  alcoholic  drinks  and  narcotics,  and  their  effect 
upon  the  human  system.  There  shall  also  be  taught  in  every 
school  in  connection  with  physiology  and  hygiene  simple  lessons 
in  the  nature  treatment  and  prevention  of  tuberculosis  and  other 
contagious  and  infectious  diseases.  All  pupils  in  the  above 
mentioned  schools  below  the  high  school  and  above  the  third 
year  of  school  work  computing  from  the  beginning  of  the  lowest 
primary  year,  shall  receive  instructions  in  hygiene  every  year 
from  text  books  adapted  to  grade  in  the  hands  of  pupils  for  not 


STATE   OF   NORTH    DAKOTA  Sf> 


X  '  | 

less  than  four  lessons  per  week  for  ten  weeks  of  each  school 
year.  In  all  schools  above  mentioned,  all  pupils  in  the  (three)  low- 
est three  primary  school  years,  shall  each  be  instructed  orally  in 
hygiene  for  not  less  than  three  lessons  per  week  for  ten  weeks 
of  each  school  year  by  teachers  using  text  books  adapted  to 
grade  for  such  instruction  as  a  guide  or  standard.  Each  teacher 
in  schools  in  special  districts  and  in  the  cities  organized  for  school 
purposes  under  special  law  shall  conform  to  and  be  governed  by 
the  provisions  of  this  section. 

§  272.  TEACHING  HUMANE  TREATMENT  OF  ANIMALS.]  There 
shall  be  given  in  the  public  schools  of  North  Dakota,  in  addition 
to  other  branches  of  study  now  prescribed,  instruction  in  the 
humane  treatment  of  animals;  such  instruction  shall  be  oral  and 
shall  consist  of  not  less  than  two  lessons  of  ten  minutes  each 
per  week. 

§  273.  TEACHERS'  INSTITUTE  AND  TEACHERS'  TRAINING  SCHOOLS. 
NOTICE.  PENALTY  FOR  FAILURE  TO  ATTEND.]  When  a  teachers ' 
institute  or  teachers'  training  school  is  appointed  to  be  held  in 
or  for  any  county  it  shall  be  the  duty  of  the  county  superintendent 
to  give  written  or  printed  notice  thereof  to  each  teacher  in  the 
public  schools  of  the  county,  and  as  far  as  possible  to  call  others 
not  then  engaged  in  teaching,  who  are  holders  of  teachers'  cer- 
tificates, at  least  ten  days  before  the  opening  of  such  institute  or 
teachers'  training  school  of  the  time  and  place  of  holding  it. 
Each  teacher  receiving  such  notice,  engaged  in  teaching  a  term 
of  school  which  includes  wholly  o"r  in  part  the  time  of  holding 
such  institute  or  teachers'  training  school,  shall  close  school  and 
attend  the  same  and  shall*  be  paid  by  the  school  board  of  the 
district  his  regular  salary  as  teacher  for  the  time  he  attended 
such  institute  or  teachers'  training  school,  as  certified  by  the 
county  superintendent,  but  no  teacher  shall  receive  pay  unless 
he  has  attended  four  days  nor  shall  any  teacher  receive  pay  for 
more  than  five  days.  The  county  superintendent  may  revoke  the 
certificate  of  any  teacher  in  his  county  for  inexcusable  neglect 
or  refusal  after  due  notice,  to  attend  a  teachers'  institute  or 
teachers'  training  school  held  for  such  county.  The  provisions 
of  this  section  shall  not  apply  to  high  school  teachers,  nor  to 
teachers  in  cities  organized  for  school  purposes  under  a  special 
law,  nor  to  teachers  in  cities  organized  as  independent  districts 
under  the  provisions  of  this  chapter. 

§  274.  PUPIL  MAY  BE  SUSPENDED  FOR  CAUSE.]  A  teacher  may 
suspend  from  school  for  not  more  than  five  days  any  pupil  for 
insubordination,  habitual  disobedience,  or  disorderly  conduct. 
In  such  case  the  teacher  shall  give  immediate  notice  to  the  parent 
or  guardian  of  such  pupil,  and  also  to  some  member  of  the  district 
school  board  of  such  suspension  and  the  reason  therefor. 

§  275.  ASSIGNMENT  OF  STUDIES  TO  PUPILS.]  It  shall  be  the 
duty  of  the  teacher  to  assign  to  each  pupil  such  studies  as  he 
is  qualified  to  pursue,  and  to  place  him  in  the  proper  class  in 


86  GENERAL   SCHOOL  LAWS 

any  studies  subject  to  the  provisions  of  section  271,  provided, 
that  in  graded  school  under  the  charge  of  a  principal  or  local 
superintendent,  such  principal  or  superintendent  shall  perform 
this  duty.  In  case  any  parent  or  guardian  in  a  common  school 
district  is  dissatisfied  with  ,such  assignment  or  classification,  the 
matter  shall  be  referred  to  and  decided  by  the  county  superin- 
tendent. 

§  276.  BIBLE  NOT  SECTARIAN  BOOK.  READING  OPTIONAL  WITH 
PUPILS.]  The  Bible  shall  not  be  deemed  a  sectarian  book.  It  shall 
not  be  excluded  from  any  public  school.  It  may  at  the  option 
of  the  teacher  be  read  in  school  without  sectarian  comment, 
not  to  exceed  ten  minutes  daily.  No  pupil  shall  be  required 
to  read  it  or  to  be  present  in  the  school  room  during  the  reading 
thereof,  contrary  to  the  wishes  of  his  parents  or  guardians  or 
other  person  having  him  in  charge. 

§  277.  MORAL  INSTRUCTION.]  Moral  instruction  tending  to 
impress  upon  the  minds  of  pupils  the  importance  of  truthfulness, 
temperance,  purity,  public  spirjt,  patriotism,  international  peace, 
respect  for  honest  labor,  obedience  to  parents  and  due  deference 
for  old  age,  shall  be  given  by  each  teacher  in  the  public  schools. 

§  278.  PHYSICAL  EDUCATION.]  Physical  education,  which  shall 
aim  to  develop  and  discipline  the  body  and  promote  health  through 
systematic  exercise,  shall  be  included  in  the  branches  of  study 
required  by  law  to  be  taught  in  the  common  schools,  and  shall 
be  introduced  and  taught  as  a  regular  branch  to  all  pupils  in 
all  departments  of  the  public  schools  of  the  state,  and  in  all 
educational  institutions  supported  wholly  or  in  part  by  money 
from  the  state.  It  shall  be  the  duty  of  all  boards  of  education 
and  boards  of  educational  institutions  receiving  money  from  the 
state,  to  make  provision  for  daily  instruction  in  all  the  schools 
and  institutions  under  their  respective  jurisdiction,  and  to  adopt 
such  method  or  methods  as  will  adapt  progressive  physical  exer- 
cise to  the  development,  health  and  discipline  of  the  pupils  in 
the  various  grades  and  classes  of  schools  and  institutions  receiving 
aid  from  the  state. 

ARTICLE  XIX.— INSTITUTES  AND  ASSOCIATIONS. 

§  279.  TEACHERS'  COUNTY  INSTITUTE  FUND.]  All  money  received 
by  the  county  superintendent  from  examination  fees  for  the 
county  institute  fund,  and  all  money  paid  into  this  fund  from 
the  county  general  revenue  fund,  shall  be  used  by  him  to  aid  in 
the  support  of  teachers'  institutes  or  teachers'  training  schools, 
district  teachers'  meetings  and  annual  school  officers'  meetings, 
to  be  held  within  or  for  the  county  and  to  pay  necessary  expenses 
incurred  therein.  The  county  superintendent  shall  present  an 
itemized  statement,  duly  verified,  to  the  county  auditor  for  the 
amount  of  all  such  necessary  expenses  and  the  auditor  shall  issue 
a  warrant  therefor  as  provided  by  law.  The  county  superinten- 
dent shall,  at  the  end  of  each  year,  submit  a  full  and  accurate 


STATE   OF  NORTH   DAKOTA  87 

statement  of  the  receipts  and  expenditures  of  these  funds,  under 
oath,  to  the  superintendent  of  public  instruction. 

§  280.  APPROPRIATION  FOR  INSTITUTE  FUND.  DESIGNATION  OF 
CONDUCTORS.]  There  is  hereby  appropriated  out  of  any  funds  in 
the  state  treasury,  not  otherwise  appropriated,  the  sum  of  one 
hundred  dollars  each  year  to  each  organized  county  in  the  state 
which  shall  be  designated  as  the  state  institute  fund,  and  which 
shall  be  used  exclusively  in  employing  persons  of  learning,  ability 
and  experience  as  conductors,  assistants  and  lecturers,  of  teachers' 
institutes.  The  superintendent  of  public  instruction  after  con- 
sultation with  the  county  superintendent  as  to  the  special  needs 
and  wants  of  their  respective  counties,  shall  appoint  the  time, 
place  and  duration  of  these  institutes,  and  training  schools,  and 
shall  designate  the  persons  to  act  as  conductors,  assistants  and 
lecturers  of  the  same,  as  in  his  judgment  the  needs  of  the  various 
counties  demand.  , 

§  281.  INSTITUTE  FUND,  HOW  PAID  OUT.]  It  shall  be  the  duty 
of  the  county  superintendent  of  schools  in  all  cases  to  consult 
with  the  state  superintendent  of  public  instruction  in  reference 
to  the  management  of  such  institute  or  teachers7  training  school, 
and  he  shall  carry  out  the  suggestions  of  such  state  superintendent 
as  to  the  modes  of  instruction.  No  salary  shall  be  paid  to  any 
conductor  or  instructor  not  previously  appointed  or  employed 
as  herein  provided.  The  money  hereby  appropriated  from  the 
state  treasury  for  the  support  of  teachers'  institutes  or  teachers' 
training  schools  shall  be  paid  to  the  persons  to  whom  it  is  due 
by  warrant  of  the  state  auditor  upon  the  state  treasurer,  which 
shall  be  issued  upon  the  presentation  of  an  account  in  due  form, 
verified  by  the  person  to  whom  due,  and  approved  by  the  state 
superintendent  of  public  instruction;  provided,  that  all  the  state 
and  county  institute  funds  provided  by  law,  of  one  or  more 
counties  may  be  applied  to  the  support  of  a  teachers'  training 
school  for  such  county  or  counties  at  the  request  of  the  county 
superintendent  of  such  county  or  counties  with  the  consent  and 
under  the  direction  of  the  state  superintendent  of  public  instruc- 
tion. 

§  282.  CONDUCTOR  AND  COUNTY  SUPERINTENDENT  MUST  FILE  STATE- 
MENT OF  NUMBER  OF  SCHOOLS.]  Where  a  teachers'  training  school 
of  not  less  than  three  weeks  duration  is  held  within  or  for  any 
county,  the  conductor  of  such  training  school  and  the  county 
superintendent  shall  file  a  certified  statement  with  the  county 
auditor,  specifying  the  time  and  place  of  such  teachers'  training 
school  and  the  county  superintendent  shall  certify  to  the  total 
number  of  schools  and  separate  departments  in  graded  and  high 
schools  in  said  county  in  which  school  has  been  taught  at  least 
four  months  during  the  preceding  school  year.  The  county 
auditor  shall  file  a  copy  of  said  statement  with  the  county 
treasurer  who  shall  thereupon  transfer  from  the  county  general 
revenue  fund  to  the  county  institute  fund  the  sum  of  two  dollars 


GENERAL   SCHOOL  LAWS 


for  each  school  or  separate  department  in  high  and  graded 
schools  in  the  county,  as  per  specified  statement  filed  with  the 
county  auditor. 

§  283.  EXPENSES  OF  CONDUCTOR,  ASSISTANTS  AND  LECTURER,  HOW 
PAID.]  The  traveling  and  other  necessary  expenses  of  institute 
conductors,  assistants  and  lecturers,  in  counties  where  a  one 
weeks'  institute  is  held,  shall  be  paid  from  the  institute  fund  of 
the  county.  Upon  the  filing  of  an  itemized  statement,  with  the 
county  auditor  of  the  necessary  expenses  incurred  in  connection 
with  his  work  as  institute  conductor,  assistant  or  lecturer,  as 
the  case  may  be,  duly  verified,  and  approved  by  the  county 
superintendent  of  schools,  the  county  auditor  shall  draw  a 
warrant  on  the  county  treasurer  for  the  amount  due  which  shall 
be  paid  from  the  institute  fund  of  the  county. 

§  284.  READING  CIRCLE  BOARD.]  The  state  board  of  examiners 
shall  be  the  state  reading  circle  board  and  as  such  shall  prescribe 
the  course  of  reading  for  the  teachers'  reading  circle  of  the 
counties  of  the  state  and  shall  make  all  rules  and  regulations 
for  conducting  the  reading  circle  work  and  granting  of  credit 
therefor. 

AETICLE  XX.— FREE  TEXT  BOOKS. 

§  285.  POWER  OP  BOARD  OP  EDUCATION.]  The  school  board  or 
board  of  education  of  each  and  every  school  district  in  the  state 
of  North  Dakota  is  hereby  authorized  and  empowered  to  select, 
adopt  and  contract  for  all  books  and  supplies  needful  for  the 
school  or  schools  under  its  charge,  and  the  said  school  board 
or  board  of  education  shall  have  power  to  purchase  the  text 
books  and  supplies  selected  or  contracted  for,  and  provide  for 
the  loan  free  of  charge  or  sale  at  cost  of  such  text  books  and 
supplies  to  the  pupils  in  attendance  at  such  school  or  schools; 
provided,  that  no  adoption  or  contract  shall  be  for  a  period  to 
exceed  three  years;  provided,  further,  that  before  any  publisher 
or  publishers  shall  enter  or  attempt  to  enter  into  any  contract 
with  any  school  board  or  board  of  education  for  the  sale  of  text 
books,  as  hereinbefore  provided,  they  shall  file  with  the  superin- 
tendent of  public  instruction  of  the  state  of  North  Dakota  a 
list  of  their  books  and  the  lowest  prices  at  or  for  which  they  will 
sell  any  or  all  of  such  books  to  any  school  board  or  board  of 
education  in  the  state  of  North  Dakota,  and  they,  the  said  pub- 
lishers, shall  deposit  with  the  superintendent  of  public  instruc- 
tion a  sample  copy  of  each  book  so  listed,  which  shall  represent 
in  style,  binding,  mechanical  execution,  general  make-up  and 
matter,  the  book  or  books  they  offer  to  sell  to  the  school  board 
or  board  of  education  at  or  for  the  prices  listed  and  in  no  case 
shall  prices  be  raised  above  said  listed  price  as  filed.  It  shall 
be  the  duty  of  the  superintendent  of  public  instruction  to  fur- 
nish a  certified  copy  of  the  list  of  books  and  prices  filed  in  ac- 
cordance with  the  provisions  of  this  section  to  the  district  clerk 


STATE   OF   NORTH    DAKOTA  89 

of  each  school  district  in  the  state  of  North  Dakota,  through 
the  office  of  the  county  superintendent. 

§  286.  FREE  TEXT  BOOKS  PROVIDED.  WHEN.]  Whenever  in 
the  judgment  of  the  board  it  is  desirable  or  necessary  to  the 
welfare  of  the  schools  in  the  district  or  to  provide  for  the  chil- 
dren therein  better  school  privileges,  or  whenever  petitioned  so 
to  do  by  two-thirds  of  the  voters  of  the  district,  the  board  shall 
provide  free  text  books  and  supplies  for  all  schools  under  its 
charge,  in  such  manner  as  hereinbefore  provided.  All  books 
purchased  in  accordance  with  the  provisions  of  this  article  shall 
be  paid  for  out  of  the  school  funds  of  the  respective  districts, 
and  it  shall  be  the  duty  of  school  boards  and  boards  of  educa- 
tion to  see  that  sufficient  funds  are  raised  and  set  aside  for  the 
purpose  of  this  article.  The  clerk  of  each  district  shall  also 
keep  a  record  of  all  books  furnished  the  schools  in  the  district. 

AETICLE  XXL— SPECIAL  PROVISIONS. 

§  287.  UNITED  STATES  FLAG  TO  BE  DISPLAYED.]  The  school  board 
or  board  of  education  of  any  city,  town,  or  district,  is  authorized 
and  required  to  purchase  at  the  expense  of  the  city,  town  or 
district,  one  or  more  flags  of  the  United  States,  which  shall  be 
displayed  in  seasonable  weather,  upon  the  school  houses  or  flag- 
staff upon  the  school  grounds  during  the  school  hours  of  each 
day's  session  of^ school. 

§  288.  SUPERINTENDENTS,  PRINCIPALS,  TEACHERS  ATTENDING  THE 
NORTH  DAKOTA  EDUCATIONAL  ASSOCIATION.]  The  board  of  educa- 
tion in  special  or  independent  districts,  or  the  school  district 
board  in  any  common  school  district  is  hereby  authorized  to 
allow  the  superintendent,  principal  or  teachers  of  the  schools 
under  its  charge,  to  attend,  without  loss  of  salary,  any  meeting 
of  the  North  Dakota  or  other  educational  association  which  may 
be  held  within  this  state  while  the  schools  of  such  district  are 
in  session. 

§  289.  FREE  KINDERGARTENS  MAY  BE  ESTABLISHED,  COST,  HOW 
PAID,  GOVERNMENT.  DUTY  OF  SUPERINTENDENT  OF-  PUBLIC  INSTRUC- 
TION.] The  school  board  of  any  school  district  in  the  state,  upon 
a  petition  signed  by  a  majority  of  the  legal  voters  in  the  dis- 
trict, shall  have  the  power  to  establish  and  maintain  free  kinder- 
gartens in  connection  with  the  public  schools  of  said  district, 
for  the  instruction  of  children  between  four  and  six  years  of 
age,  residing  in  said  district,  and  shall  establish  such  course  of 
training,  study  and  discipline  and  such  other  rules  and  regula- 
tions governing  such  preparatory  or  kindergarten  schools  as  said 
board  may  deem  best ;  provided,  that  nothing  in  this  act  shall  be 
construed  to  change  the  law  relating  to  the  taking  of  the  census 
of  the  school  population  or  of  the  apportionment  of  the  state 
or  county  school  funds  among  the  several  counties  and  districts 
in  the  state;  provided,  further,  that  the  cost  of  establishing  and 
maintaining  such  kindergartens  may  be  paid  from  the  school 


90  GENERAL   SCHOOL  LAWS 

funds  of  said  districts  raised  by  direct  taxation  for  such  purpose, 
and  the  said  kindergartens  shall  be  %a  part  of  the  public  school 
system,  and  governed  as  far  as  practicable,  in  the  same  manner 
and  by  the  same  officers  as  are  provided  by  law  for  the  govern- 
ment of  the  other  public  schools  of  the  state ;  provided,  further, 
that  no  person  shall  be  employed  as  a  teacher  in  such  kinder- 
garten schools  who  has  not  passed  a  satisfactory  examination  in 
such  subjects  as  the  state  examining  board  shall  require.  The 
state  examining  board  shall  adopt  rules  governing  the  examina- 
tion of  kindergarten  teachers,  and  shall  furnish  county  super- 
intendents with  examination  questions  and  the  examination  shall 
be  held  in  the  manner  provided  by  law  for  the  examination  of 
teachers  in  the  public  schools;  provided,  further,  that  any  per- 
son who  shall  complete  the  course  of  training  for  kindergarten 
teachers  at  the  state  normal  schools  shall  be  entitled  to  teach  in 
the  kindergarten  schools  of  this  state  without  examinations. 

§  290.  HEALTH  AND  DECENCY.]  It  shall  be  the  duty  of  all  boards 
of  education  and  school  boards  in  this  state  to  provide  suitable 
and  convenient  water  closets  or  privies  for  each  of  the  schools 
under  their  charge,  at  least  two  in  number  which  shall  be  entirely 
separate,  each  from  the  other,  and  having  separate  means  of  ac- 
cess; and  it  shall  be  the  duty  of  the  school  officers  aforesaid  to 
keep  the  same  in  a  clean,  chaste  and  wholesome  condition;  and 
a  failure  to  comply  with  the  provisions  of  this  article  on  the 
part  of  any  board  of  education  or  school  board,  shall  be  suffici- 
ent grounds  for  removal  from  office  and  for  withholding  from 
any  district  any  part  of  the  county  tuition  fund. 

ARTICLE    XXII.— CHILD   LABOR. 

§  291.  UNLAWFUL  TO  EMPLOY  CHILDREN  UNDER  FOURTEEN  YEARS.] 
No  child  under  fourteen  years  of  age  shall  be  employed,  per- 
mitted or  suffered  to  work  in  or  in  connection  with  any  mine, 
factory,  workshop,  mercantile  establishment,  store,  business  of- 
fice, telegraph  office,  restaurant,  hotel,  apartment  house  or  in 
the  distribution  or  transmission  of  merchandise  or  messages.  It 
shall  be  unlawful  for  any  person,  firm  or  corporation  to  employ 
any  child  under  fourteen  years  of  age  in  any  business  or  service 
whatever,  during  the  hours  when  the  public  schools  of  the  dis- 
trict in  which  the  child  resides  are  in  session. 

§  292.  EMPLOYMENT  OF  CHILD  UNDER  SIXTEEN  YEARS.]  No  child 
between  fourteen  and  sixteen  years  of  age  shall  be  employed, 
permitted  or  suffered  to  work  in  any  mine,  factory,  workshop  or 
mercantile  establishment  unless  the  person  or  corporation  em- 
ploying him  procures  and  keeps  on  file,  and  accessible  to  the 
superintendent  of  schools  of  the  city  or  village,  if  one  is  employ- 
ed, otherwise,  to  the  clerk  of  the  school  board  or  board  of  edu- 
cation, an  employment  certificate  as  hereinafter  prescribed,  and 
keeps  two  complete  lists  of  all  such  children  employed  therein, 
one  on  file  and  one  conspicuously  posted  near  the  principal  en- 


STATE    OF   NORTH    DAKOTA  91 

trance  of  the  building  in  which  such  child  is  employed.  On 
termination  of  the  employment  of  a  child  so  registered  and  whose 
certificate  is  so  filed,  such  certificate  shall  be  forthwith  sur- 
rendered by  the  employer  to  the  child  or  its  parent,  or  guardian 
or  custodian.  The  superintendent  of  schools  or  clerk  of  the 
school  board  or  board  of  education,  as  the  case  may  be,  may  make 
demand  on  an  employer  in  whose  factory  a  child  apparently 
under  the  age  of  sixteen  years  is  employed  or  permitted  or  suf- 
fered to  work  and  whose  employment  certificate  is  not  then  filed 
as  required  by  this  act,  that  such  employer  shall  either  furnish 
him  within  ten  days  evidence  satisfactory  to  him  that  such  child 
is  in  fact  over  sixteen  years  of  age,  or  shall  cease  to 
employ  or  permit  or  suffer  such  child  to  work  in  such 
factory.  The  superintendent  of  schools  of  the  city  or 
village  or  clerk  of  the  school  board  or  board  of  educa- 
tion may  require  from  such  employer  the  same  evidence 
of  age  of  such  child  as  is  required  on  the  issuance  of 
an  employment  certificate ;  and  the  employer  furnishing  such 
evidence  shall  not  be  required  to  furnish  any  further  evidence 
of  the  age  of  the  child.  In  case  such  employer  shall  fail  to  pro- 
duce and  deliver  to  the  superintendent  of  schools  of  the  city  or 
village  or  the  clerk  of  the  school  board  or  board  of  education, 
as  the  case  may  be,  within  ten  days  after  such  demand,  such 
evidence  of  age  herein  required  by  him,  and  shall  thereafter 
continue  to  employ  such  child  or  permit  or  suffer  such  child  to 
work  in  such  factory,  proof  of  the  giving  of  such  notice  and 
of  such  failure  to  produce  and  file  such  evidence  shall  be  prima 
facie  evidence  in  any  prosecution  brought  for  a  violation  of  this 
act  that  such  child  is  under  sixteen  years  of  age  and  is  unlaw- 
fully employed. 

§    293.       WHO    AUTHORIZED    TO    ISSUE    EMPLOYMENT    CERTIFICATES.] 

The  superintendent  of  schools  of  the  city  or  village,  if  one  is 
employed,  and  if  not,  then  the  clerk  of  the  school  board  or  board 
of  education,  is  hereby  authorized  to  issue  an  employment  cer- 
tificate in  writing,  such  certificate  is  to  be  issued  upon  the  evi- 
dence prescribed  in  section  four  of  this  act;  provided,  that  no 
employment  certificate  shall  be  issued  for  any  child  then  in  or 
about  to  enter  his  own  employment  or  the  employment  of  a  firm 
or  corporation  of  which  he  is  a  member,  officer  or  employee. 

§  294.  EMPLOYMENT  CERTIFICATE,  ON  WHAT  ISSUED.]  The  per- 
son authorized  to  issue  employment  certificate  shall  not  issue 
such  certificate  until  he  has  received,  examined,  approved  and 
filed  the  following  papers  duly  executed: 

1.  The  school  record  of  such  child  properly  filled  out  and 
signed  as  provided  in  this  act. 

2.  A  passport  or  duly  attested  transcript  of  the  certificate  of 
birth  or  baptism  or  other  religious  record,  showing  the  date  and 
place  of  birth  of  such  child.     A  duly  attested  transcript  of  the 
birth  certificate  filed  according  to  law  with  a  registrar  of  vital 


92  GENERAL   SCHOOL  LAWS 

statistics,  or  other  officer  charged  with  the  duty  of  recording 
births,  shall  be  conclusive  evidence  of  the  age  of  such  child. 

3.  The  affidavit  of  the  parent  or  guardian  or  custodian  of  a 
child,  which  shall  be  required,  however,  only  in  case  such  last 
mentioned  transcript  of  the  certificate  of  birth  be  not  produced 
and  filed,  showing  the  place  and  date  of  birth  of  such  child, 
which  affidavit  must  be  taken  before  the  officer  issuing  the  em- 
ployment certificate,  who  is  hereby  authorized  and  required  to 
administer  such  oath,  and  who  shall  not  demand  or  receive  a 
fee  therefor.  Such  employment  certificate  shall  not  be  issued 
until  such  child  has  personally  appeared  before  and  been  exam- 
ined by  the  officer  issuing  the  certificate,  and  until  such  officer 
shall,  after  making  such  examination,  sign  and  file  in  his  office 
a  statement  that  the  child  can  read  and  legibly  write  simple 
sentences  in  the  English  language  and  that  in  his  opinion  the 
child  is  fourteen  years  of  age  or  upwards,  and  has  reached  the 
normal  development  of  a  child  of  its  age,  and  is  in  sound  health 
and  is  physically  able  to  perform  the  work  which  it  intends  to 
do.  In  doubtful  cases  such  physical  fitness  shall  be  determined 
by  a  medical  officer  of  the  board  or  department  of  health.  Every 
such  employment  certificate  shall  be  signed,  in  the  presence  of 
the  officer  issuing  the  same,  by  the  child  in  whose  name  it  is 
issued. 

§  295.  CONTENTS  OF  CERTIFICATES.]  Such  certificates  shall  state 
the  date  and  place  of  birth  of  the  child  and  describe  the  color  of 
the  hair  and  eyes,  the  height  and  weight  and  any  distinguishing 
marks  of  such  child,  and  that  the  papers  required  by  the  preced- 
ing section  have  been  duly  examined,  approved  and  filed  and  that 
the  child  named  in  such  certificate  has  appeared  before  the  offi- 
cer signing  the  certificate  and  been  examined. 

§  296.  SCHOOL  RECORD,  WHAT  TO  CONTAIN.]  The  school  record 
required  by  this  act  shall  be  signed  by  the  principal  or  chief 
executive  officer  of  the  school  which  such  child  has  attended 
and  shall  be  furnished,  on  demand,  to  a  child  entitled  thereto. 
It  shall  contain  a  statement  certifying  that  the  child  has  regu- 
larly attended  the  public  schools  or  schools  equivalent  thereto 
or  parochial  schools  for  not  less  than  one  hundred  and  twenty 
days  during  the  school  year  previous  to  his  arriving  at 
the  age  of  fourteen  years  or  during  the  year  previous 
to  applying  for  such  school  record  and  is  able  to  read  and  write 
simple  sentences  in  the  English  language  and  has  received  dur- 
ing such  period  instruction  in  reading,  spelling,  writing,  English 
grammar  and  geography  and  is  familiar  with  the  fundamental 
operations  of  arithmetic  up  to  and  including  fractions.  Such 
school  record  shall  also  give  the  age  and  residence  of  the  child 
as  shown  on  the  records  of  the  school  and  the  name  of  its  par- 
ent,  guardian  or  custodian. 

§  297.  HOURS  OF  LABOR.]  No  person  under  the  age  of  six- 
teen years  shall  be  employed  or  suffered  or  permitted  to  work  at 


STATE   OF   NORTH    DAKOTA  93 

any  gainful  occupation  more  than  forty-eight  hours  in  any  one 
week,  nor  more  than  eight  hours  in  any  one  day;  or  before  the 
hour  of  seven  o'clock  in  the  morning  or  after  the  hour  of  seven 
o'clock  in  the  evening.  Every  employer  shall  post  in  a  conspic- 
uous place  in  every  room  where  such  minors  are  employed  a 
printed  notice  stating  the  hours  required  of  them  each  day  of 
the  week,  the  hours  of  commencing  and  stopping  work  and  the 
hours  when  the  time  or  times  allowed  for  dinner  or  for  other 
meals  begin  and  end.  The  printed  form  of  such  notice  shall  be 
-  furnished  by  the  superintendent  of  schools  of  the  city  or  village, 
or  the  clerk  of  the  school  board  or  board  of  education,  and  the 
employment  of  any  minor  for  longer  times  in  any  day  so  stated 
shall  be  deemed  a  violation  of  this  section. 

§  298.  PEACE  OFFICERS  TO  INSPECT  PLACES  OF  WORK.]  Peace  of- 
ficers may  visit  mines,  factories,  workshops  and  mercantile  es- 
tablishments in  their  several  towns  and  cities  and  ascertain 
whether  any  minors  are  employed  therein  contrary  to  the  pro- 
visions of  this  act;  and  it  shall  be  their  duty  to  report  any 
cases  of  such  illegal  employment  to  the  school  board  or  board 
of  education.  Such  officer  may  require  that  the  employment 
certificates  and  lists  provided  for  in  this  act  of  minors  employed 
in  such  factories,  mines,  workshops  or  mercantile  establishments 
shall  be  produced  for  their  inspection.  Complaints  for  offenses 
under  this  act  may  be  made  by  such  peace  officer  or  by  any 
other  person  cognizant  of  the  facts. 

§  299.  EMPLOYMENTS.]  No  child  under  the  age  of  sixteen 
years  shall  be  employed  at  sewing  belts,  or  to  assist  in  sewing 
belts,  in  any  capacity  whatever;  nor  shall  any  child  adjust  any 
belt  to  any  machinery,  they  shall  not  oil  or  assist  in  oiling,  wip- 
ing or  cleaning  machinery;  they  shall  not  operate  or  assist  in 
operating  circular  or  band  saws,  wood  shapers,  wood-joiners, 
planers,  sand-paper  or  wood  polishing  machinery,  emery  or  pol- 
ishing wheels  used  for  polishing  metal,  wood-turning,  or  boring 
machinery,  stamping  machines  in  sheet  metal  and  tinware  manu- 
facturing, stamping  machines  in  washer  and  nut  factories,  oper- 
ating corrugating  rolls,  such  as  are  used  in  roofing  factories, 
nor  shall  they  be  employed  in  operating  any  steam  boiler,  steam 
machinery,  or  other  steam  generating  apparatus,  or  as  pin  boys 
in  any  bowling  alleys;  they  shall  not  operate  or  assist  in  oper- 
ating dough  brakes,  or  cracker  machinery  of  any  description; 
wire  or  iron  straightening  machinery;  nor  shall  they  operate 
or  assist  in  operating  rolling  mill  machinery,  punches  or  shears, 
washing,  grinding  or  mixing  mill  or  calendar  rolls  in  rubber  manu- 
facturing; nor  shall  they  operate  or  assist  in  operating  laundry 
machinery;  nor  shall  children  be  employed  in  any  capacity  in 
preparing  any  composition  in  which  dangerous  or  poisonous 
acids  are  used,  and  they  shall  not  be  employed  in  any  capa- 
city in  the  manufacture  of  paints,  colors,  or  white  lead;  nor 
shall  they  be  employed  in  any  capacity  whatever  in  operating 


94  GENERAL   SCHOOL  LAWS 

or  assisting  to  operate  any  passengei1  or  freight  elevator;  nor 
shall  they  be  employed  in  any  capacity  whatever  in  the  manu- 
facture of  goods  for  immoral  purposes,  or  any  other  employ- 
ment that  may  be  considered  dangerous  to  their  lives  or  limbs, 
or  where  their  health  may  be  injured,  or  morals  depraved;  nor 
in  any  theater,  concert  hall,  or  place  of  amusement  wherein  in- 
toxicating liquors  are  sold;  nor  shall  females  under  sixteen 
years  of  age  be  employed  in  any  capacity  where  such  employ- 
ment compels  them  to  remain  standing  constantly. 

§  300.  PENALTY  FOR  VIOLATION  OF  THIS  ACT.]  Each  owner,  sup- 
erintendent, manager  or  overseer  of  any  mine,  factory,  workshop 
or  mercantile  establishment,  and  any  other  person  who  shall 
employ  any  child  contrary  to  the  provisions  of  this  act  or  who 
shall  in  any  manner  violate  the  provisions  thereof,  shall  be  deem- 
ed guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  for  each  offense  in  a  sum  not  less  than  twenty  dollars 
nor  more  than  fifty  dollars  and  costs.  Each  person  authorized  to 
sign  a  certificate  as  prescribed  in  the  preceding  section  who  cer- 
tifies to  any  material  false  statement  therein  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be 
fined  not  less  than  twenty  dollars  nor  more  than  fifty  dollars  and 
costs. 

§301.  PROSECUTION,  HOW  BROUGHT.]  Prosecutions  under  this 
act  shall  be  brought  in  the  name  of  the  state  of  North  Dakota 
before  any  court  of  competent  jurisdiction,  and  the  fines  collect- 
ed shall  be  paid  over  to  the,  county  treasurer  and  by  him  cred- 
ited to  the  school  fund  of  the  state. 

ABTICLE  XXIII.— MAINTENANCE  OF  EDUCATIONAL 
INSTITUTIONS. 

§  302.  FREE  PUBLIC  SCHOOLS.]  The  state  university  and  school 
of  mines  at  Grand  Forks,  the  agricultural  college  at  Fargo,  the 
state  normal  schools  at  Valley  City  and  Mayville,  the  deaf  and 
dumb  school  at  Devils  Lake,  the  normal  and  industrial  school 
at  Ellendale,  the  scientific  school  at  Wahpeton,  the  school  of 
forestry  at  Bottineau,  and  all  other  schools  heretofore  estab- 
lished by  law  and  maintained  by  taxation  constitute  the  system 
of  "free  public  schools"  of  the  state. 

§  303.  MAINTENANCE  OF  INSTITUTIONS.]  For  the  purpose  of  pro- 
viding for  the  maintenance  of  the  state  university  and  school  of 
mines  at  Grand  Forks,  the  agricultural  college  at  Fargo,  the  state 
normal  school  at  Valley  City,  the  state  normal  school  at  May- 
ville, the  school  for  the  deaf  and  dumb  at  Devils  Lake,  the  school 
of  forestry  at  Bottineau,  the  North  Dakota  Academy  of  Science 
at  "Wahpeton  and  the  normal  and  industrial  school  at  Ellendale, 
as  a  part  of  the  public  school  system  of  this  state  there  is  hereby 
upon  all  taxable  property  in  the  state  real  and  personal  annual 
tax  of  one  mill  on  each  dollar  of  the  assessed  valuation  of  such 
property  in  each  and  every  year  hereafter. 


STATE   OF   NORTH    DAKOTA  95 

§  304.  COUNTY  AUDITOR  SHALL  CALCULATE  AMOUNT  OF  LEVY.]  The 
county  auditor  of  each  county  shall,  at  the  time  of  making  the 
annual  tax  list  in  his  county,  calculate  the  amount  of  the  levy 
hereinbefore  provided  for  upon  each  and  every  item  of  property 
assessed  in  his  county  as  it  appears  upon  the  last  assessment 
roll,  and  extend  the  same  upon  such  tax  list  in  a  column  to  be 
provided  for  that  purpose  and  such  tax  shall  thereupon  be  cal- 
culated and  paid  over  to  the  state  treasurer  the  same  as  other 
state  taxes. 

§  305.  SUCH  TAXES,  HOW  APPORTIONED.]  Such  taxes  as  levied 
shall  be  apportioned  by  the  state  treasurer  to  the  several  institu- 
tions herein  mentioned  as  follows:  Thirty-three  one-hundreths 
of  a  mill  to  the  state  university  and  school  of  mines  at  Grand 
Forks;  twenty  one-hundredths  of  a  mill  to  the  agricultural  col- 
lege at  Fargo ;  fifteen  one-hundredths  of  a  mill  to  the  state  nor- 
mal school  at  Valley  City;  thirteen  one-hundredths  of  a  mill  to 
the  state  normal  school  at  Mayville;  six  one-hundredths  of  a 
mill  to  the  school  for  the  deaf  at  Devils  Lake ;  two  one-hundredths 
of  a  mill  to  the  school  of  forestry  at  Bottineau;  four  one-hun- 
dredths of  a  mill  to  the  North  Dakota  academy  of  science  at 
"Wahpeton;  seven  one-hundredths  of  a  mill  to  the  normal  and 
industrial  school  at  Ellendale;  provided,  that  all  moneys  here- 
after collected  from  any  tax  heretofore  levied  shall  be  appor- 
tioned as  herein  provided. 

§  306.  MONEYS,  now  APPORTIONED.]  The  moneys  arising  from 
the  taxes  hereinbefore  levied  are  hereby  apportioned  for  the 
maintenance  of  the  state  university  and  school  of  mines  at  Grand 
Forks,  the  agricultural  college  at  Fargo,  the  state  normal  school 
at  Valley  City,  the  state  normal  school  at  Mayville,  the  school 
for  the  deaf  and  dumb  at  Devils  Lake,  the  school  of  forestry  at 
Bottineau,  the  North  Dakota  academy  of  science  at  Wahpeton, 
and  the  normal  and  industrial  school  at  Ellendale,  the  same  to 
be  paid  monthly  to  the  board  of  trustees  of  the  several  institu- 
tions herein  mentioned  and  in  proportion  as  herein  provided, 
upon  vouchers  of  said  board  signed  by  their  respective  presi- 
dents, and  to  be  expended  by  the  several  boards,  in  their  discre- 
tion, in  the  establishment  and  maintenance  of  said  institutions 
hereinbefore  mentioned. 

§  307.  FUNDS,  WHEN  PAID  OVER.]  All  moneys  received  as 
interest,  all  moneys  received  for  rents,  for  penalties,  for  permits, 
and  all  moneys  received  from  any  other  source  from  the  respective 
lands  of  the  different  educational  institutions  hereinafter  mention- 
ed (except  moneys  received  as  principal  from  the  sale  of  lands  be- 
longing to  the  agricultural  college,  lands  belonging  to  the  state 
university  and  school  of  mines,  lands  belonging  to  the  two  nor- 
mal schools,  lands  belonging  to  the  normal  and  industrial  school) , 
shall  be  paid  over  to  the  respective  treasurers  of  the  educational 
institutions  above  mentioned,  by  the  state  auditor  on  the  first 
day  of  January,  April,  July  and  October  in  each  year.  The  funds 


96  GENERAL   SCHOOL  LAWS 


herein  referred  to  shall  be  subject  to  the  order  of  the  respective 
boards  of  trustees  of  eacli  institution  hereinbefore  mentioned 
and  shall  be  used  for  the  maintenance  of  such  institutions  re- 
spectively. 

ARTICLE  XXIV.— CERTAIN  ACTS  LEGALIZED. 

§  308.  ACTS.  LEGALIZED.]  Where  the  officers  of  any  incorpor- 
ated city,  village  or  school  district  of  this  state  shall  have  incur- 
red indebtedness  and  issued  warrants  or  orders  for  the  erection, 
purchase,  repair  or  maintenance,  within  and  for  said  city,  vil- 
lage or  school  district  for  school  or  other  buildings,  or  water- 
works, gas  or  electric  light  plants,  public  wells,  cisterns,  fire  ap- 
paratus, or  legitimate  corporate  purposes  for  said  city,  village 
or  school  district,  or  to  pay  for  or  to  raise  money  for  any  such 
purpose,  and  said  warrants  or  orders  are  outstanding,  or  held 
in  the  general  revenue  or  other  funds  of  said  city,  village  or 
school  district,  in  any  and  all  such  cases  where  said  warrants 
or  orders  are  within  the  debt  limit,  the  same  are  hereby  legalized 
and  are  declared  to  be  the  valid  indebtedness  of  such  city,  vil- 
lage or  school  district,  and  in  every  case  where  the  city  council 
or  city  commissioners,  village  board  of  trustees,  school  board  or 
board  of  education  thereof  shall  have  heretofore  or  shall  here- 
after determine  by  resolution  or  ordinance,  that  it  was  or  is  for 
the  best  interests  of  the  city,  village  or  school  district  to  issue  its 
negotiable  bonds  in  the  name  of  the  city,  village  or  school  district 
for  the  sole  purpose  of  funding  such  indebtedness,  and  shall 
have  been  or  shall  be  authorized  to  issue  such  bonds,  by  a  major- 
ity vote  of  the  qualified  electors  of  such  city,  village  or  school 
district,  voting  thereon  at  any  regular  or  special  election  legally 
called  and  held  after  public  notice  thereof  as  required  by  law, 
and  if  such  bonds  shall  have  been  or  shall  be  executed,  sold  and 
delivered  for  value,  and  the  proceeds  arising  from  such  sale  shall 
have  been  or  shall  be  applied  exclusively  to  the  express  purpose 
of  funding  such  warrants  or  orders,  then  in  every  such  case  such 
bonds  whether  engraved,  lithographed  or  printed  on  bond  paper, 
shall  when  executed,  sold  and  delivered  as  provided  by  law  be 
deemed,  and  hereby  are  declared  to  be  valid  and  subsisting  in- 
debtedness of  the  city,  village  or  school  district  issuing  the  same. 

§  309.  PENDING  ACTIONS  NOT  AFFECTED.  DEBT  LIMIT.]  This 
act  shall  not  affect  any  actions  now  pending  in  which  the  valid- 
ity of  any  such  warrants,  orders,  bonds  or  indebtedness  is  called 
in  question;  providing,  however,  that  the  issue  of  such  bonds 
shall  not  be  construed  to  be  an  increase  of  the  indebtedness  of 
the  municipality  and  the  proceeds  of  sales  of  such  bonds  shall 
be  applied  exclusively  towards  the  discharge  of  the  indebtedness 
of  such  city,  village  or  school  district  referred  to  in  section  308 
of  this  act. 


STATE    OF   NORTH    DAKOTA  97 

§  310.  KEPEAL.]  Sections  747,  748,  749,  750,  751,  752,  753, 
754,  755,  756,  757,  758,  759,  760,  761,  762,  763,  764, 
765,  766,  767,  768,  769,  770,  771,  772,  773,  774,  775, 
776,  777,  778,  779,  780,  781,  782,  783,  784,  785,  786, 
787,  788,  789,  790,  791,  792,  793,  794,  795,  796,  797, 
798,  799,  800,  801,  802,  803,  804,  805,  806,  807,  808, 
809,  810,  811,  812,  813,  814,  815,  816,  817,  818,  819, 
820,  821,  822,  823,  824,  825,  826,  827,  828,  829,  830, 
831,  832,  833,  834,  835,  836,  837,  838,  839,  840,  841, 
842,  843,  844,  845,  846,  847,  848,  849,  850,  851,  852, 
853,  854,  855,  856,  857,  858,  859,  860,  861,  862,  863, 
864,  865,  866,  867,  868,  869,  870,  871,  872,  873,  874, 
875,  876,  877,  878,  879,  880,  881,  882,  883,  884,  885, 
886,  887,  888,  889,  890,  891,  892,  893,  894,  895,  896, 
897,  898,  899,  900,  901,  902,  903,  904,  905,  906,  907, 
908,  909,  910,  911,  912,  913,  914,  915,  916,  917,  918, 
919,  Sections  937,  938,  939,  940,  941,  942,  943,  944,  945,  946,  947, 
948,  949,  950,  951,  952,  953,  954,  955,  956,  957,  958, 
959,  960,  961,  962,  963,  964,  965,  966,  967,  968,  969, 
970,  971,  972,  973,  974,  975,  976,  977,  978,  979,  980, 
981,  982,  983,  984,  985,  986,  987,  988,  989,  990,  991, 
992,  993,  994,  995,  996,  997,  998,  999,  1000,  1001,  1002, 
1003,  1004,  1005,  1006,  1007,  1008,  1009,  1010,  1011,  1012,  1013, 
1014,  1015,  1016,  1017,  1018,  1019,  1020,  1021,  1022,  1023,  1024, 
1025,  1026,  1027,  1028,  1029,  and  Section  1030  of  the  Revised 
Codes  of  1905  with  any  and  all  amendments  thereto,  and  Chap- 
ters 49,  98,  100,  103,  124,  153,  and  201  of  Session  Laws  of  1909 
are  hereby  repealed. 


DEPOSITORIES. 

§  920.  SCHOOL  FUNDS  REQUIRED  TO  BE  DEPOSITED.]  All  funds  of 
each  and  every  city  or  school  district  of  this  state  shall  be  de- 
posited by  the  treasurer  of  the  city,  county  or  school  district,  as 
soon  as  received  by  him,  in  the  name  of  the  city  or  school  dis- 
trict of  which  he  is  an  officer,  in  such  bank  or  banks  as  shall  have 
been  designated  as  city  or  school  district  depositories  in  accord- 
ance with  this  article,  as  hereinafter  provided. 

§  921.  DEPOSITORIES  TO  BE  DESIGNATED.]  The  city  council  or 
school  board  of  each  and  every  city  or  school  district  of  this 
state,  at  its  first  regular  meeting  after  this  article  shall  take 
effect  and  at  its  first  regular  meeting  in  July  of  each  odd  num- 
bered year  thereafter,  shall  designate  one  or  more  national  or 
state  banks  in  its  city  or  district  or  county  as  city  or  school  dis- 
trict depositories,  in  which  all  of  the  funds  of  such  city  or  school 
district  shall  be  deposited. 

§  922.  CITY  AUDITOR  OR  SCHOOL  CLERK  TO  ADVERTISE  FOR  PROPOS- 


98 GENERAL   SCHOOL  LAWS 

ALS.]  The  city  auditor  or  school  clerk  of  each  city  or  school  dis- 
trict shall  advertise  in  one  or  more  newspapers  of  the  city,  county 
or  village,  for  at  least  two  weeks  immediately  prior  to  such  meet- 
ing for  sealed  proposals  for  the  deposit  of  funds  of  such  city  or 
school  district,  which  advertisements  shall  state  the  date  up  to 
which  such  proposals  will  be  received,  which  date  shall  be  the 
day  of  the  meeting  of  the  city  council  or  school  board,  at  which 
such  proposals  are  to  be  opened.  Such  proposals  shall  state  in 
writing  what  rate  of  interest  will  be  paid  on  average  daily  balances 
during  the  month,  interest  to  be  paid  monthly  on  condition  that 
such  funds,  with  accrued  interest,  shall  be  held  subject  to  draft 
at  all  times  on  demand.  Such  proposals  shall  be  inclosed  in 
sealed  envelopes,  addressed  to  the  city  auditor  or  school  clerk 
and  marked  ' k  Proposals  for  deposit  of  city  or  school  funds, ' '  and 
shall  be  by  the  city  auditor  or  school  clerk  filed  in  his  office. 

§  923.      HOW  PROPOSALS  ACTED  ON.      BOND  REQUIRED.]       Such  pro- 

posals  shall  be  presented  to  the  city  council  or  school  board  at 
such  meetings,  and  then,  but  not  till  then,  shall  be  opened  by  the 
city  auditor  or  school  clerk  in  the  presence  of  the  council  or 
school  board,  and  the  council  or  school  board  shall  thereupon 
proceed  to  accept  the  proposal  of  the  bank  or  banks  offering  the 
highest  rate  of  interest,  riot  inconsistent  therewith,  subject  to 
the  filing  of  a  satisfactory  bond  as  hereinafter  provided,  the 
amount  of  which  bond  shall  then  and  there  be  fixed  by  the  city 
council  or  school  board.  Before  any  bank  shall  be  designated 
as  such  depository,  it  shall  submit  to  the  city  council  or  school 
board  for  its  approval  a  bond  payable  to  the  city  or  school  dis- 
trict conditioned  for  the  safe  keeping  and  repayment  of  any  and 
all  funds  deposited  in  such  banks,  which  bond  shall  be  signed 
by  not  less  than  five  freeholders  of  the  county  or  state  as  sure- 
ties; such  bond  to  be  in  the  sum  required  by  the  city  council  or 
school  board,  but  in  no  case  less  than  double  the  probable  amount 
of  funds  to  be  deposited  in  such  bank.  If  at  any  time  the  amount 
of  funds  on  deposit  in  any  such  depositories  shall  exceed  one- 
half  of  the  amount  named  in  such  bond,  it  shall  be  the  duty  of 
the  city  council  or  school  board  at  its  next  regular  meeting  there- 
after to  require  from  such  depository  an  additional  bond  in  a 
sum  not  less  than  twice  the  amount  of  such  excess.  Such  bond 
shall  be  approved  by  the  city  council  or  school  board  and  the 
approval  indorsed  thereon  by  the  mayor  or  president  of  the  school 
bo'ard,  and  by  him  deposited  with  the  city  auditor  or  school  dis- 
trict clerk ;  and  any  bank  whose  bond  shall  have  been  so  approved 
shall  thereupon  be  designated  by  the  city  council  or  school  board 
as  a  city  or  school  district  depository  and  shall  continue  as  such 
until  such  time  as  the  city  council  or  school  board  shall  advertise 
for  bids  as  aforesaid.  If  the  city  council  or  school  board  fails 
or  refuses  to  approve  such  bond,  the  same  may  be  presented  to 
the  judge  of  the  district  court,  upon  three  days'  notice  to  the 
city  auditor  or  school  district  clerk,  who  shall  proceed  to  hear 


STATE   OF   NORTH    DAKOTA  99* 

and  determine  the  sufficiency  of  such  bond,  and  may  approve 
such  bond,  and  the  said  bank  shall  be  declared  a  city  or  school 
district  depository  as  aforesaid.  The  sureties  on  such  bond  shall 
be  required  to  justify  as  required  by  law  in  arrest  and  bail  pro- 
ceedings; provided,  however,  that  in  lieu  of  such  personal  bond, 
the  city  council  or  school  board  may  require  such  banks  or  bank 
to  file  a  surety  company  bond  for  a  sum  equal  to  the  amount  of 
funds  such  bank  may  receive  according  to  the  provisions  of  this 
article.  If  at  any  time  the  amount  of  funds  on  deposit  in  such 
depositories  shall  exceed  the  amount  named  in  such  surety  com- 
pany bond,  it  shall  be  the  duty  of  the  city  council  or  school  board 
at  its  next  regular  meeting  thereafter  to  require  from  such  de- 
positories an  additional  surety  bond  in  the  sum  of  not  less  than 
the  amount  of  such  excess.  Such  surety  company's  bond  shall  be 
approved  as. provided  by  law. 

§  924.  IN  CASE  BIDS  ARE  EQUAL,  HOW  DECIDED.]  When  two  or 
more  banks  in  the  same  city  or  village,  proposing  to  be  city  or 
school  district  depositories,  offer  the  same  rate  of  interest,  it  shall 
be  the  duty  of  the  city  council  or  school  board  to  select,  im- 
partially, as  many  of  such  banks  as  depositories  as  offer  ample 
security  for  such  deposits.  In  estimating  the  value  of  the  security 
offered  by  any  proposed  depository  the  capital,  surplus  and  gen- 
eral credit  of  the  bank  shall  be  taken  into  consideration,  as  well 
as  the  bonds  proposed  to  be  given. 

§   925.       TWO  OR   MORE  BANKS   MAY  BE  DESIGNATED.]       In  Case  tWO 

or  more  banks  be  designated  as  depositories,  the  city  or  school 
district  treasurer  shall,  as  far  as  practicable,  keep  in  each  of  the 
several  depositories  equal  balances  at  all  times;  provided,  that  in 
cities  or  villages  where  two  or  more  banks  are  designated  as  de- 
positories, the  amount  deposited  in  any  bank  shall  not  exceed 
the  capital  of  the  banks  in  said  city  or  village,  then  the  city 
council  or  school  board  shall  deposit  the  funds  of  the  city  or 
school  district  in  the  banks  of  the  city  or  village  upon  their  giving- 
a  bond  according  to  law7. 

§  926.  WHEN  TIME  DEPOSITS  MAY  BE  MADE.]  Whenever  there 
shall  be  accumulated  in  the  sinking  fund  or  any  other  revenue, 
city  or  school  district  fund,  established  by  law,  in  any  of  the 
cities  or  school  districts  of  this  state,  an  amount  of  money  ex- 
ceeding two  hundred  dollars,  and  for  which  there  is  no  immediate 
use.  the  city  council  or  school  board  of  such  city  or  school  dis- 
trict is  authorized  and  empowered  to  direct  a  time  deposit  of  such 
funds  for  a  period  of  one  year  or  six  months,  as  they  may  deem 
expedient,  either  in  one  or  more  of  the  city  or  school  district  de- 
positories created  by  law,  or  such  state  or  national  bank  as  the 
city  council  or  school  board  may  designate. 

§  927.      HOW  DEPOSITORIES  FOR  TIME  DEPOSITS  ARE  SELECTED.]       The 

depositories  for  such  time  deposits  of  the  city  or  school  district 
funds  may  be  designated  at  any  regular  meeting  of  the  city  coun- 
cil or  school  board  of  such  city  or  school  district  upon  the  ad- 


100 GENERAL   SCHOOL  LAWS 

vertisement  and  proposals  as  provided  by  law  for  designating 
the  depositories  of  the  general  city  or  school  district  funds,  and 
the  bank  or  banks  designated  as  the  4eP°sitory  or  depositories 
of  such  time  deposits  of  such  city  or  school  district  funds  shall  be 
required  to  furnish  a  bond  in  the  same  amount,  manner  and  form 
as  prescribed  by  law  for  the  several  city  and  school  district  de- 
positories. 

§  928.  MAXIMUM  RATE  OF  INTEREST  ON  CALL  DEPOSITS.]  To  furth- 
er secure  the  safety  of  the  city  or  school  district  funds  deposited 
under  the  provisions  of  this  article  the  city  council  or  school 
board  shall  satisfy  itself  of  the  responsibility  of  the  several  banks 
proposing  to  act  as  depositories,  and  any  bank  offering  more  than 
four  per  cent  per  annum  on  deposits,  subject  to  check,  shall  not 
be  designated  as  a  depository  under  the  provisions  of  this  article ; 
provided,  this  act  shall  not  apply  to  school  districts  in  incorpor- 
ated cities  or  villages. 

§  929,  IN  WHOSE  NAME  DEPOSITED.]  All  funds  in  the  city  or 
school  district  shall  be  deposited  in  the  name  of  the  city  or  school 
district  by  the  city  treasurer  or  treasurer  of  the  school  district, 
as  soon  as  received  by  him,  in  such  bank  or  banks  as  shall  have 
been  designated  as  city  or  school  district  depositories. 

§  930.  PENALTY  FOR  VIOLATION.]  If  any  city  or  school  district 
treasurer  shall  deposit  any  of  the  funds  of  his  city  or  school  dis- 
trict or  loan  the  same  in  any  manner  except  according  to  the 
provisions  of  this  article,  he  shall  be  liable  to  a  penalty  of  five 
hundred  dollars  for  each  deposit  or  loan  so  made. 

§  931.  BANKS  TO  FURNISH  MONTHLY  STATEMENTS.]  Each  de- 
pository shall  furnish  to  the  city  auditor  or  clerk  of  the  school 
district  on  the  first  day  of  each  month  an  itemized  statement  of 
the  account  of  the  city  or  school  district  with  such  depository, 
duly  verified  by  the  affidavit  of  the  cashier  of  such  bank,  which 
statement  shall  be  filed  and  carefully  preserved  in  the  office  of 
the  city  auditor  or  school  clerk.  All  sums  of  interest  accruing 
on  the  funds  deposited  as  aforesaid  shall  be  credited  to  such  de- 
posit account  on  the  first  day  of  each  month  for  the  preceding 
month,  and  a  statement  of  such  interest  shall  be  rendered  by  such 
depository  to  the  city  auditor  or  school  clerk  on  the  first  day  of 
each  month  and  the  auditor  or  clerk  shall  charge  the  treasurer 
with  the  amount  thereof  and  credit  the  sum  to  the  general  funds 
of  the  city  or  school  district. 

§  932.  How  CHECKS  SHALL  BE  SIGNED.]  All  checks  drawn  upon 
the  city  or  school  district  depositories  shall  be  signed  by  the  city 
or  school  district  treasurer  in  the  name  of  the  city  or  school  dis- 
trict, by  himself  as  treasurer. 

§  933.  WHEN  BIDS  NOT  REQUIRED.]  It  is  the  duty  of  the  ojEcers 
mentioned  in  this  article  to  comply  with  the  provisions  hereof; 
provided,  that  in  cities  or  villages  where  only  one  bank  is  lo- 
cated, the  city  council  or  school  board  shall  designate  such  bank 
or  other  bank  within  this  state  the  depository  without  advertising 


STATE    OF   NORTH    DAKOTA  101 

for  bids,  if  such  bank  agrees  to  pay  interest  at  the  rate  of  at  least 
two  per  cent  per  annum  and  furnishes  a  bond  as  hereinbefore 
provided  for  the  safe  keeping  and  repayment  of  any  funds  de- 
posited in  such  bank.  In  cities  or  villages  or  counties  where  there 
is  no  bank  or  where  no  bank  offers  to  comply  with  the  require- 
ments of  this  act,  the  city  council  or  school  board  must  designate 
some  bank  or  banks  outside  of  such  city  or  village  and  within  this 
state  as  such  depositories,  but  (such)  bank  or  banks  must  furnish 
a  bond  in  the  same  manner  as  other  depositories. 

§  934.  TREASURER  NOT  LIABLE  FOR  FUNDS  DEPOSITED  BY  REASON  OF 
BANK  FAILURE.]  When  the  funds  of  any  city  or  school  district 
are  deposited  by  the  city  or  school  district  treasurer  as  provided 
herein,  such  treasurer  and  his  sureties  shall  be  exempt  from  all 
liability  thereon  by  reason  of  the  loss  of  any  funds  from  the  fail- 
ure, bankruptcy  or  any  other  act  of  such  bank  to  the  extent  only 
of  such  funds  in  the  hands  of  such  bank  or  banks  at  the  time  of 
such  failure  or  bankruptcy. 

§  935.  EXCEPTIONS  TO  LAW.]  It  shall  not  be  incumbent  upon 
the  city  council  or  school  board  to  designate  depositories  as  herein 
provided  for  until  the  amount  in  such  city  or  school  treasury 
equals  or  exceeds  the  sum  of  five  hundred  dollars. 

§  936.  VIOLATION  CONSTITUTES  MISDEMEANOR.]  Any  officer  vio- 
lating any  of  the  provisions  of  this  article  shall  be  deemed  guilty 
of  a  misdemeanor. 


CHAPTER  268. 
[H.  B.  No.  181—  Tuttle] 

SCHOOL  HOUSES  AND  SITES. ' 

AN  ACT  To  Amend  Section  2  of  Chapter  204  of  the  Laws  of  1909,  Entitled 
an  Act  to  Amend  Section  811,  829,  822  and  883  of  the  Eevised  Codes 
of  1905,  Pertaining  to  Education. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota : 

§  1.  AMENDMENT.]  That  Section  2  of  Chapter  204  of  the 
Laws  of  1909,  being  Section  829  of  the  1905  Revised  Codes  of 
North  Dakota,  be  and  the  same  is  hereby  amended  to  read  as 
follows : 

§  829.    SCHOOL  HOUSES  AND  SITES.      How  DETERMINED.      PLANS 

FOR     SCHOOL     HOUSES.          HOW     PREPARED.          BOARD    OF     INSPECTORS. 

How  CONSTITUTED.]  Whenever  in  the  judgment  of  the  board  it 
is  desirable  or  necessary  to  the  welfare  of  the  schools  in  the 
district,  or  to  provide  for  the  children  therein  proper  school 
privileges,  or  whenever  petitioned  to  do  so  by  one-third  of  the 
voters  of  the  district,  the  board  shall  call  a  meeting  of  the 
voters  in  the  district  at  some  convenient  time  and  place  fixed 


102  GENERAL    SCHOOL  LAWS 

by  the  board  to  vote  upon  the  question  of  the  selection,  purchase,, 
exchange,  or  sale  of  a  school  house  site,  or  the  erection,  removal, 
or  sale  of  a  school  house.  Said  election  shall  be  conducted  and 
votes  canvassed  in  the  same  manner  as  at  the  annual  election 
of  school  officers.  Three  notices  of  the  time,  place  and  purpose 
of  such  meeting  shall  be  posted  in  three  public  places  in  the 
district  at  least  ten  days  prior  to  such  meeting.  If  a  majority 
of  the  voters  present  at  such  meeting  shall  by  vote  select  a 
school  house  site,  or  shall  be  in  favor  of  the  purchase,  exchange 
or  sale  of  the  school  house,  as  the  'case  may  be,  the  board  shall 
locate,  purchase,  exchange  or  sell  such  site,  or  erect,  remove  or 
sell  such  school  house,  as  the  case  may  be,  in  accordance  with  such 
vote ;  provided,  it  shall  require  a  vote  of  two-thirds  of  the  voters 
present  and  voting  at  such  meeting  to  order  the  removal  of  the 
school  house,  and  such  school  house  so  removed  cannot  again  be 
removed  within  three  years  from  the  date  of  such  meeting;  pro- 
vided, further,  that  whenever  a  school  house  is  to  be  purchased, 
erected  or  constructed  in  a  common  school  district,  the  school 
board  shall  consult  with  the  county  superintendent  of  schools 
and  the  county  superintendent  of  health  with  regard  to  plans 
providing  for  the  proper  construction,  lighting,  heating  and  ven- 
tilation; provided,  further,  that  it  shall  be  the  duty  of  the  state 
superintendent  of  public  instruction  to  furnish  plans  for  school 
houses  of  one  and  two*  rooms,  as  will  be  in  accord  with  the  best 
ideas  pertaining  to  heating,  lighting,  ventilating  and  other  sani- 
tary requirements. 

EMERGENCY.]  Whereas,  section  829  as  at  present  constituted, 
is  inoperative  an  emergency  exists  and  this  act  shall  take  effect 
from  and  after  its  passage  and  approval. 

Approved  March  6,  1911. 


[S.  B.  No.   178— Welo] 


PROHIBITING  COUNTY  OFFICIALS  FROM  RECEIVING  COMMISSION, 
AN  ACT  Prohibiting  County  Superintendents  of  Schools,  Deputies,  School 
District  Officers,  School  Officials,  Principals  and  Teachers  From  Receiv- 
ing Commission  or  Fees   or  Reward  for  or   on  Account  of  any  School 
Books,  Furniture  or  Other  Supplies  Purchased  During  the  Incumbency 
of  Such  Office,  and  Providing  a  Penalty  therefor. 
Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota : 

§  1.  Every  county  superintendent  of  schools,  deputy  thereof,, 
school  district  directors,  clerk,  treasurer,  principal  of  a  school 
or  teacher  therein  who  shall  receive  any  commissions,  fee  or  re- 
ward for  or  on  account  of  any  school  books,  furniture  or  other 
supplies  purchased  during  the  incumbency  of  such  official,  prin- 


STATE   OF   NORTH    DAKOTA  103 

cipal  or  teacher  for  the  use  of  the  school  district  or  school  under 
the  supervision  of  such  official,  principal  or  teacher,  is  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars  and  not  exceeding  five 
hundred  dollars  and  may  be  removed  from  his  office. 
Approved  March  3,  1911. 


CHAPTER  269. 
[H.  B.  No.  434— Price] 

GOVERNING  THE  CONSTRUCTIO:sT  OF  PUBLIC  SCHOOL  BUILDINGS 
AND  PROVIDING  FOR  THE  INSPECTION,  VENTILATION  AND  SAN- 
ITATION   THEREOF. 

AN  ACT  Entitled  "An  Act  for  the  Purpose  of  Governing  the  Construction 
of  Public  School  Buildings  and  Providing  for  the  Inspection,  Ven- 
tilation and  Sanitation  Thereof. ' ' 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 
§  1.     BUILDINGS  INSPECTED.      PLANS  AND  SPECIFICATIONS  TO  BE 

SUBMITTED  TO  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION.]       No  build- 

inpr  which  is  designed  to  be  used,  in  whole  or  in  part,  as  a  public 
school  building,  shall  be  erected  until  a  copy  of  the  plans  thereof 
has  been  submitted  to  the  state  superintendent  of  public  in- 
struction, who  for  the  purposes  of  carrying  out  the  provisions 
of  this  act  is  hereby  designated  as  inspector  of  said  public  school 
building  plans  and  specifications,  by  the  person  causing  its  erec- 
tion or  by  the  architect  thereof;  such  plans  shall  include  the 
method  of  ventilation  provided  for.  and  a  copy  of  the  spec- 
ifications therefor. 

§  2.  CONSTRUCTION  OF  SCHOOL  HOUSES.]  Such  plans  and  spec- 
ifications shall  show  in  detail  the  ventilation,  heating  and  light- 
ing of  such  building.  The  state  superintendent  of  public  in- 
struction shall  not  approve  any  plans  for"  the  erection  of  any 
school  building  or  addition  thereto  unless  the  same  shall  provide 
at  least  twelve  square  feet  of  floor  space  and  two  hundred 
cubic  feet  of  air  space  for  each  pupil  to  be  accommodated  in  each 
study  or  recitation  room  therein. 

(1)  Light  shall  be  admitted  from  the  left  or  from  the  left 
and  rear  of  class  rooms  and  the  total  light  area  must,  unless 
strengthened  by  the  use  of  reflecting  lenses  be  equal  to  at  least 
20  per  cent  of  the  floor  space. 

(2)  All  ceilings  shall  be  at  least  twelve  feet  in  height. 

(3)  No  such  plans  shall  be  approved  by  him  unless  provision 
is  made  therein  for  assuring  at  least  30  cubic  feet  of  pure  air 
every   minute   per   pupil   and   warmed   to   maintain   an   average 
temperature  of  70  degrees  F.  during  the  coldest  winter  weather, 


104  GENERAL   SCHOOL  LAWS 

and  the  facilities  for  exhausting  the  foul  or  vitiated  air  therein, 
shall  be  positive  and  independent  of  atmospheric  changes.  No 
tax  voted  by  a  district  meeting  or  other  competent  authority 
in  any  such  city,  village,  or  school  district,  exceeding  the  sum 
of  two  thousand  dollars  ($2000.00)  shall  be  levied  by  the  trustees 
until  the  state  superintendent  of  public  instruction  shall  certify 
that  the  plans  and  specifications  for  the  same  comply  with  the 
provisions  of  this  act.  All  school  houses  for  which  plans  and 
detailed  specifications  shall  be  filed  and  approved,  as  required 
by  this  act,  shall  have  all  halls,  doors,  stairways,  seats,  passage- 
ways and  aisles  and  all  lighting  and  heating  appliances  and  ap- 
paratus arranged  to  facilitate  egress  in  case  of  fire  or  accident  and 
to  afford  the  requisite  and  proper  accommodations  for  public  pro- 
tection in  such  cases.  All  exit  doors  shall  open  outwardly,  and 
shall  if  double  doors  be  used,  fasten  with  movable  bolts  operated 
simultaneously  by  one  handle  from  the  inner  face  of  the  door. 
No  staircase  shall  be  constructed  with  wider  steps  in  lieu  of  a 
platform,  but  shall  be  constructed  with  straight  runs,  changes 
in  direction  being  made  by  platform.  No  doors  shall  open  im- 
mediately upon  a  flight  of  stairs,  but  a  landing  at  least  the 
width  of  the  door  shall  be  provided  between  such  stairs  and 
such  doorway. 

(4)  Every  public  school  building  shall  be  kept  clean  and 
free  from  effluvia  arising  from  any  drain,  privy  or  nuisance,  and 
shall  be  provided  with  sufficient  number  of  proper  water  closets, 
earth  closets  or  privies,  and  shall  be  ventilated  in  such  a  manner 
that  the  air  shall  not  become  so  impure  as  to  be  injurious  to 
health. 

§  3.  TOILET  ROOMS.  How  CONSTRUCTED.]  No  toilet  rooms 
shall  be  constructed  in  any  public  school  building  unless  same 
has  outside  ventilation  and  windows  permitting  free  access  of 
air  and  light.  The  provisions  of  this  act  shall  be  enforced  by  the 
state  superintendent  of  public  instruction  or  some  person  des- 
ignated by  him  for  that  purpose. 

§  4.  METHOD  OF  INSPECTION  AND  ADJUSTMENT  OF  GRIEVANCES.] 
If  it  appears  to  the  state  superintendent  of  public  instruction 
or  his  deputy  appointed  for  that  particular  purpose,  that  fur- 
ther or  different  sanitary  or  ventilating  provisions,  which  can 
be  provided  without  unreasonable  expense,  are  required  in  any 
public  school  building,  he  may  issue  a  written  order  to  the 
proper  person  or  authority,  directing  such  sanitary  or  ventilating 
provisions  to  be  provided.  A  school  committee,  public  officer 
or  person  who  has  charge  of  any  such  public  school  building, 
who  neglects  for  four  weeks  to  comply  with  the  order  of  said 
state  superintendent  of  public  instruction  or  his  deputy,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars. 

(1)      Whoever  is   aggrieved   by  the   order   of  the .  state   sup- 


STATE    OF   NORTH    DAKOTA  105 

erintendent  of  public  instruction  or  his  deputy  issued  as  above 
provided,  and  relating  to  a  public  school  building,  may  within 
thirty  days  after  the  service  thereof,  apply  in  writing  to  the 
board  of  health  of  the  city,  town,  incorporated  village  or  school 
district  to  set  aside  or  amend  the  order;  and  thereupon  the 
board,  after  notice  to  all  parties  interested,  shall  give  a  hearing 
upon  such  order,  and  may  alter,  annul  or  affirm  it. 

§  5.  VENTILATING  FLUES  AND  METHOD  OF  CONSTRUCTING  SAME.] 
No  wooden  flue  or  air  duct  for  heating  or  ventilating  purposes 
shall  be  placed  in  any  building  which  is  subject  to  the  pro- 
visions of  this  act,  and  no  pipe  for  conveying  hot  air  or  steam 
in  such  building  shall  be  placed  or  remain  within  one  inch  of 
any  wood-work,  unless  protected  by  suitable  guards  or  casings 
of  incombustible  material. 

§  6.  APPROVAL  OF  PLANS.  BY  WHOM  AND  PENALTY  FOB  VIOLA- 
TION.] To  secure  the  approval  of  plans  showing  the  method 
or  systems  of  heating  and  ventilation  as  provided  for  in  section 
2  the  foregoing  requirements  must  be  guaranteed  in  the  speci- 
fications accompanying  the  plans.  Hereafter  erections  or  con- 
structions of  public  school  buildings  by  architect  or  other  person 
who  draws  plans  or  specifications  or  superintends  the  erection 
of  a  public  school  building,  in  violation  of  the  provisions  of 
this  act,  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  one  thousand  dollars. 

§  7.  REPEAL.]  All  acts  or  parts  of  acts  in  conflict  herewith 
are  hereby  repealed. 

§  8.  EMERGENCY.]  Whereas,  there  being  no  adequate  law 
011  the  statute  books  governing  the  subject  matter,  therefore  an 
-emergency  exists  and  this  act  shall  be  in  force  and  effect  from 
and  after  its  passage  and  approval. 

Approved  March  6,  1911. 


CHAPTER  9. 

[S.  B.  No.  285— Davis] 


APPROPRIATION  FOR  A  TEMPORARY  EDUCATIONAL  COMMISSION. 
AN  ACT  Establishing  a  Temporary  Educational  Commission  and  Appropriat- 
ing One  Thousand  Dollars  for  the  Expenses  Thereof. 

• 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota : 

§  1.  For  the  purpose  of  studying  educational  system,  both  in 
the  United  States  and  elsewhere,  with  a  view  to  the  presentation 
of  a  report  which  will  form  a  basis  for  the  unifying  and  systema- 
tizing of  the  educational  system  of  this  state,  including  the  several 
secondary  schools  and  higher  institutions  of  learning  and  the 
Department  of  Public  Instruction,  a  commission  is  hereby  created 


106  GENERAL   SCHOOL  LAWS 


consisting  of  the  following  members,  namely:  President  of  the 
University,  President  of  the  Agricultural  College,  President  of 
Valley  City  Normal,  Superintendent  of  Public  Instruction,  Lieu- 
tenant Governor,  Speaker  of  the  House  of  Representatives  and 
one  other  member  to  be  appointed  by  the  Governor  within  sixty 
days  from  the  passage  of  this  act. 

§  2.  The  commission  provided  for  in  Section  1,  of  this  act 
shall  report  to  the  Governor  and  Legislature  in  December  1912, 
their  findings,  accompanied  by  a  bill,  which  shall  contain  the 
recommendations  which  it  is  proposed  to  enact  into  law,  and  may 
make  from  time  to  time  public  reports  at  their  discretion.  The 
members  of  such  commission  shall  receive  no  compensation  other 
than  actual  and  necessary  expenses.  For  the  purpose  of  paying 
such  expenses  and  the  expenses  of  printing,  clerical  work  and 
travel,  there  is  hereby  appropriated  the  sum  of  one  thousand 
dollars,  or  as  much  thereof  as  may  be  necessary,  out  of  any  funds 
in  the  treasury  not  otherwise  appropriated. 

Approved  March  17,  1911. 


CHAPTER  35. 

[H.  B.  No.  210— Olsgard  of  Nelson] 


TO  ENCOURAGE   ELEMENTARY  EDUCATION. 

AN   ACT   To  Encourage  Elementary  Education   in   North   Dakota   and   Ap- 
propriate  Money    Therefor. 
Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  PURPOSE.]  The  purpose  of  this  act  shall  be  to  aid,  en- 
courage, stimulate,  and  standardize  the  rural  and  smaller  graded 
schools  of  this  state  and  thereby  increase  the  efficiency  of  the 
entire  educational  system  of  this  state. 

§  2.  GRADED,  CONSOLIDATED  AND  RURAL  SCHOOLS  MAY  OBTAIN 
STATE  AID.]  Any  public  school  in  any  common  school  district  in 
the  state  or  any  public  school  in  any  city,  town  or  village,  or 
any  consolidated  school  in  the  state,  not  entitled  to  aid  as  a 
state  high  school,  but  fully  complying  with  the  conditions  of  this 
act  relating  to  state  graded  schools  and  any  public  school  in  any 
common  school  district  in  the  state  not  located  in  any  incorpor- 
ated city,  town  or  village,  or  any  consolidated  school  not  en- 
titled to  state  aid  as  a  state  high  schooler  graded ^ school,  but 
fully  complying  with  the  conditions  of  this  act  relating  to  state 
rural  schools,  may  receive  aid  as  hereinafter  provided  for  state 
graded  schools  and  state  rural  schools. 

§  3.  CONDITIONS  TO  BE  COMPLIED  WITH  BY  STATE  GRADED  SCHOOLS 
IN  ORDER  TO  OBTAIN  AID.]  State  graded  schools  shall  be  of  two 
classes,  first  and  second  class.  First  class:  In  order  to  be  en- 


.STATE   OP   NORTH    DAKOTA  107 


titled  to  aid  as  a  state  graded  school  of  the  first  class,  such  school 
shall  have  complied  with  the  following  conditions,  namely: 

First,  it  shall  have  maintained  for  the  school  year  next  preced- 
ing that  for  which  aid  is  granted  at  least  nine  (9)  months 
school.  Second,  it  shall  be  well  organized,  having  at  least  four 
departments  under  the  supervision  of  proficient  teachers.  The 
principal  shall  be  a  graduate  of  a  normal  school  or  other  institu- 
tion of  higher  learning  or  shall  hold  a  state  professional  certifi- 
cate and  each  department  of  such  school  shall  be  taught  by  a 
teacher  having  at  least  a  first  grade  elementary  certificate  or 
better.  Third,  it  shall  have  a  suitable  school  building  properly 
lighted,  heated  and  ventilated,  sanitary  and  commodious  out- 
houses and  other  necessary  accommodations,  library  and  such 
other  apparatus  as  is  necessary  to  do  efficient  work.  Fourth, 
such  school  shall  have  a  regular  and  orderly  course  of  study 
and  shall  include  the  first  two  years  of  a  high  school  course,  as 
suggested  by  the  state  high  school  board  as  well  as  courses  in 
domestic  science,  manual  training  and  elementary  agriculture 
and  shall  comply  with  such  rules  as  may  be  established  by  the 
state  superintendent  of  public  instruction. 

Second  class :  In  order  to  be  entitled  to  aid  as  a  state  graded 
school  of  the  second  class,  such  school  shall  have  complied  with 
the  following  conditions,  viz: — 

First,  it  shall  have  maintained  for  the  school  year  next  pre- 
ceding that  for  which  aid  is  granted  at  least  nine  (9)  months 
school.  Second,  it  shall  be  well  organized,  having  at  least  two 
departments  under  the  supervision  of  proficient  teachers.  The 
principal  shall  be  a  graduate  of  a  normal  school  or  other  institu- 
tion of  higher  learning  or  shall  hold  a  state  professional  certifi- 
cate, and  each  department  of  such  school  shall  be  taught  by  a 
teacher  having  a  first  grade  elementary  certificate  or  better. 
Third,  it  shall  have  a  suitable  school  building,  properly  lighted, 
heated  and  ventilated ;  sanitary  and  commodious  outhouses  and 
other  necessary  accommodations,  a  library  and  such  other  appar- 
atus as  is  necessary  to  do  efficient  work.  Fourth,  such  school 
shall  have  a  regular  and  orderly  course  of  study  as  prescribed  in 
the  state  course  of  study  for  common  schools,  courses  in  domestic 
science,  manual  training  and  agriculture  and  shall  comply  with 
such  rules  as  may  be  established  by  the  state  superintendent  of 
public  instruction. 

§  4.  CONDITIONS  FOR  OBTAINING  AID  AS  A  STATE  RURAL  SCHOOL.] 
State  rural  schools  shall  be  of  two  classes,  first  and  second  class. 

First  class:  In  order  to  be  entitled  to  aid  as  a  state  rural 
school  of  the  first  class,  such  school  shall  have  complied  with 
the  following  conditions,  viz: 

First:  Such  school  shall  have  maintained  during  the  school 
year  next  preceding  that  for  which  aid  is  granted  at  least  nine 
(9)  months  school. 


108  GENERAL   SCHOOL  LAWS 

Second:  It  shall  be  taught  by  a  teacher  of  successful  experi- 
ence, holding  a  first  grade  elementary  certificate  or  better. 

Third :  It  shall  have  a  suitable  school  building,  properly  light- 
ed, heated  and  ventilated;  sanitary  and  commodious  outhouses 
and  other  necessary  accommodations,  a  library  and  such  other 
apparatus  as  is  necessary  to  do  efficient  work. 

Fourth:  Such  school  shall  have  a  regular  and  orderly  course 
of  study  as  prescribed  in  the  state  course  of  study  for  common 
schools,  including  elementary  agriculture,  and  shall  comply  with 
such  rules  as  may  be  established  by  the  state  superintendent 
of  public  instruction. 

Second  Class:  In  order  to  be  entitled  to  aid  as  a  state  rural 
school  of  the  second  class  such  school  shall  have  complied  with 
the  following  conditions,  namely: 

First :  Such  school  shall  have  maintained  for  the  school  year 
next  preceding  that  for  which  aid  is  granted  at  least  eight  (8) 
months  school. 

Second:  It  shall  be  taught  by  a  teacher  of  successful  ex- 
perience holding  a  second  grade  elementary  certificate  or  better. 

Third :  It  shall  have  a  suitable  school  building,  properly  light- 
ed, heated  and  ventilated,  sanitary  and  commodious  outhouses, 
and  other  necessary  accommodations,  library  and  such  other  ap- 
paratus as  is  necessary  to  do  efficient  work. 

Fourth :  Such  school  shall  have  a  regular  and  orderly  course 
of  study  as  is  prescribed  in  the  state  course  of  study  for  common 
schools,  including  elementary  agriculture  and  shall  comply  with 
such  rules,  as  may  be  established  by  the  state  superintendent 
of  public  instruction. 

Provided,  that  for  the  purpose  of  this  entire  act.  the  primary 
certificate  shall  be  considered  as  the  equivalent  of  the  first  grade 
elementary  certificate;  further,  that  except  in  case  of  the  prin- 
cipal teacher,  the  superintendent  of  public  instruction  may,  in 
his  discretion,  recognize  teachers  holding  second  grade  elemen- 
tary certificates  who  have  had  five  years  of  successful  experience 
as  eligible  to  teach  in  any  of  the  schools  contemplated  by  this  act. 

§  5.  APPLICATION  TO  BE  MADE  TO  THE  COUNTY  SUPERINTENDENT 
OF  SCHOOLS.]  Applications  from  schools  for  the  aid  herein  pro- 
vided in  the  case  of  both  state  graded  and  state  rural  schools 
shall  be  made  to  the  county  superintendent  of  schools  of  the 
county  in  which  such  schools  are  located.  The  county  superin- 
tendent shall  forward  to  the  state  superintendent  of  public  in- 
struction such  applications  as  are  endorsed  and  recommended  by 
him,  together  with  a  certificate  of  the  superintendent  of  the 
county  wherein  the  school  making  such  application  is  situated, 
to  the  effect  that  such  school  has  fully  complied  with  the  condi- 
tions mentioned  in  section  three  (3)  of  this  act  in  the  case  of 
state  graded  schools,  and  with  the  conditions  mentioned  in  sec- 
tion four  (4)  of  this  act  in  the  case  of  state  rural  schools. 


STATE  OF  NORTH  DAKOTA  109 

§  6.  INSPECTION  BY  DEPARTMENT  OF  PUBLIC  INSTRUCTION.  IN- 
SPECTOR OF  RURAL  AND  GRADED  SCHOOLS.  APPOINTMENT,  SALARY 
AND  EXPENSES.  QUALIFICATIONS  OF  INSPECTOR.]  Applications  for 

aid  of  state  graded  schools  or  state  rural  schools  which  have 
the  endorsement  and  recommendation  of  the  superintendent  of 
the  county  wherein  such  schools  are  located  shall  be  filed  in  the 
office  of  the  state  superintendent  of  public  instruction  and  prior 
to  the  apportionment  of  any  aid,  under  the  provisions  of  this  act, 
shall  be  duly  inspected  by  an  officer  of  the  department  of  public 
instruction  known  as  the  inspector  of  rural  and  graded  schools. 
Such  inspector  shall  be  appointed  by  the  state  superintendent 
of  public  instruction  for  a  term  of  two  years  and  shall  receive 
a  salary  of  $2,000  a  year,  together  with  his  necessary  and  ac- 
tual traveling  expenses  while  in  the  active  discharge  of  his  duties. 
Such  salary  and  expenses  are  to  be  paid  out  of  the  moneys 
appropriated  for  the  purposes  of  this  act  upon  presentation 
of  vouchers  properly  verified  and  approved  by  the  state  super- 
intendent of  public  instruction  and  filed  with  the  state  auditor. 
The  inspector  of  rural  and  graded  schools  shall  have  the  educa- 
tional qualifications  required  by  law  for  state  superintendent 
of  public  instruction  and  shall  have  previously  served  as  county 
superintendent  of  schools  in  this  state. 

§  7.  AMOUNT  OF  APPORTIONMENT.]  Between  the  first  of  Au- 
gust and  the  first  of  September  of  each  year,  the  state  superin- 
tendent of  public  instruction  shall  apportion  to  each  of  said 
state  graded  schools  which  have  fully  complied  with  the  provi- 
sions of  this  act  and  such  additional  rules  as  may  be  established 
by  him,  relating  to  state  graded  schools,  the  sum  of  one  hundred 
fifty  dollars  in  each  year  to  state  graded  schools  of  the  first 
class  and  to  state  graded  schools  of  the  second  class  the  sum 
of  one  hundred  dollars,  and  he  shall  apportion  to  each  of 
the  state  rural  schools  which  have  fully  complied  with  the  pro- 
visions of  this  act  and  such  additional  rules  as  may  be  estab- 
lished by  him  relating  to  state  rural  schools,  the  sum  of  one 
hundred  dollars  in  each  year  to  each  state  rural  school  of  the 
first  class;  and  to  each  state  rural  school  of  the  second  class, 
the  sum  of  fifty  dollars  in  each  year;  provided,  however,  that 
in  case  the  amount  appropriated  and  available  shall  not  be  suffi- 
cient to  pay  the  amounts  specified  above,  then  the  amount  avail- 
able shall  be  apportioned  pro  rata  among  the  schools  entitled 
thereto  and  any  moneys  apportioned  under  this  act  shall  be 
used  solely  to  increase  the  efficiency  of  such  schools.  Provided, 
also,  that  but  one  school  of  each  class  in  any  township  shall 
receive  aid  under  the  provisions  of  this  act  until  all  of  those 
schools  applying  for  aid  before  August  first  of  each  year  are 
considered  and  disposed  of. 

§  8.  ADDITIONAL  AID  TO  CONSOLIDATED  SCHOOLS.]  Any  consoli- 
dated school,  meeting  the  requirements  for  a  state  graded  school 


GENERAL   SCHOOL  LAWS 


of  the  first  class  shall  receive  additional  aid  in  the  amount  of 
one  hundred  dollars,  and  any  consolidated  school  meeting  the 
requirements  for  a  state  graded  school  of  the  second  class  shall 
receive  additional  aid  in  the  amount  of  seventy-five  dollars; 
further,  any  consolidated  school,  meeting  the  requirements  for 
.a  state  rural  school  of  the  first  class  shall  receive  additional 
.aid  in  the  amount  of  fifty  dollars  and  any  consolidated  school 
meeting  the  requirements  for  a  state  rural  school  of  the  second 
class  shall  receive  additional  aid  in  the  sum  of  twenty-five 
dollars.  A  consolidated  school,  within  the  meaning  of  this  act 
shall  be  one  organized  in  accordance  with  section  832  of  the  Re- 
vised Codes  of  1905. 

§  9.  RECORDS,  ACCOUNTS  AND  RULES.]  The  state  superintend- 
ent of  public  instruction  shall  keep  a  record  showing  all  schools 
applying  for  and  receiving  aid  as  state  graded  schools  or  as 
state  rural  schools  in  each  year,  and  a  detailed  account  of  all 
moneys  received  by  him  and  disbursed  for  such  purposes.  The 
state  superintendent  is  also  authorized  to  establish  such  addition- 
.al  rules  as  shall  be  found  necessary  to  secure  uniformity  and  the 
best  results  among  the  schools  receiving  such  state  aid. 

§  10.  ADVANCEMENT  OF  GRADED  SCHOOLS  OF  THE  FIRST  CLASS  TO 
HIGH  SCHOOLS  AND  ADVANCEMENT  OF  GRADED  SCHOOLS  OF  THE  SECOND 
CLASS  TO  GRADED  SCHOOLS  OF  THE  FIRST  CLASS.] 

First  Class:  When  any  state  graded  school  of  the  first  class 
in  this  state  attains  such  a  degree  of  proficiency  as  to  satisfy  the 
inspector  of  rural  and  graded  schools  that  it  has  the  qualifica- 
tions necessary  to  entitle  it  to  be  advanced  to  a  state  high 
.school,  such  inspector  may  recommend  the  same  to  the  state  high 
school  board  for  such  advancement.  If  the  state  high  school 
board  is  satisfied  that  such  school  complied  with  all  the  require- 
ments necessary  to  entitle  it  to  promotion,  said  board  may  raise 
it  to  a  state  high  school,  entitling  it  to  aid  as  such. 

Second  class  :  When  any  state  graded  school  of  the  second 
class  in  this  state  has  attained  such  a  degree  of  proficiency  as 
to  satisfy  the  inspector  that  it  has  the  qualifications  necessary 
to  entitle  it  to  be  advanced  to  a  state  graded  school  of  the 
first  class  such  inspector  may  recommend  the  same  to  the  state 
superintendent  of  public  instruction  for  such  advancement.  If 
the  state  superintendent  of  public  instruction  is  satisfied  that 
such  school  fully  complies  with  all  the  requirements  necessary 
to  entitle  it  to  promotion,  such  superintendent  may  raise  it  to 
a  state  graded  school  of  the  first  class,  entitling  it  to  aid  as  such. 

§  11.  REPORT  OF  STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUC- 
TION.] The  state  superintendent  of  public  instruction  shall  in- 
clude in  his  biennial  report  a  comprehensive  statement  of  all 
receipts  and  disbursements  ;  the  names  and  number  of  schools 
in  each  class  receiving  aid;  the  number  of  pupils  attending  the 
.classes  in  each  and  the  cost  of  supervision  of  all  schools  receiv- 


STATE   OF   NORTH    DAKOTA  111 

ing  aid  under  this  act  for  the  years  covered  by  such  report,  to 
which  may  be  added  an  estimate  of  appropriation  needed  to 
meet  the  requirements  of  this  act  for  the  succeeding  two  years 
and  such  other  recommendations  as  he  may  deem  useful  and 
proper. 

§  12.  AMOUNT  APPROPRIATED  FOR  EACH  CLASS.]  For  the  pur- 
pose of  carrying  out  the  provisions  of  this  act  the  following  sums 
are  hereby  appropriated  annually,  to  be  paid  out  of  any  moneys 
in  the  state  treasury  not  otherwise  appropriated,  viz:  For  aid 
to  state  graded  schools  the  sum  of  six  thousand  dollars  ($6,000) 
annually.  For  aid  to  state  rural  schools  the  sum  of  six  thousand 
dollars  ($6,000)  annually  and  for  additional  aid  to  state  consoli- 
dated schools  the  sum  of  three  thousand  dollars  ($3,000)  an- 
nually. For  the  inspector's  salary  as  hereinbefore  provided  the 
sum  of  two  thousand  dollars  ($2,000)  annually  and  for  the  ac- 
tual and  necessary  traveling  expenses  of  said  inspector  the  sum 
of  five  hundred  dollars  ($500)  annually,  which  amounts,  or  so 
much  thereof  as  is  necessary,  shall  be  paid  upon  the  itemized 
voucher  of  the  state  superintendent  of  public  instruction,  duly 
certified  and  filed  with  the  state  auditor.  Provided,  however, 
that  in  case  the  amount  appropriated  and  available  under  this 
article  for  the  payment  of  aid  to  such  schools  shall  in  any  year  be 
insufficient  to  apportion  to  each  of  such  schools  as  are  entitled 
thereto  the  full  amount  intended  to  be  apportioned  to  state 
graded  schools,  state  rural  schools  and  state  consolidated  schools, 
then,  in  such  case,  such  amounts  as  are  appropriated  and  avail- 
able shall  be  apportioned  pro  rata  among  the  schools  entitled 
thereto.  Provided,  the  first  annual  appropriations  herein  provid- 
ed for  such  shall  become  available  July  first,  1911. 

§  13.  REPEAL.]  All  acts  and  parts  of  acts  in  conflict  with 
this  act  are  hereby  repealed. 

Approved  March  17,  3911. 


CHAPTER  40. 

[H.  B.  No.  29— Davis] 


AN  ACT  to  Provide  for  the  Establishment  and  Maintenance  of  a  Depart- 
ment of  Agriculture,  Manual  Training  and  Domestic  Economy  in 
State  High,  Graded  and  Consolidated  Schools. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota : 

§  1.  SCHOOLS  TO  MAINTAIN  DEPARTMENT  OP  AGRICULTURE.  How 
DESIGNATED.]  Any  state  high  school,  graded  or  consolidated 
rural  school  having  satisfactory  rooms  and  equipment,  and  hav- 
ing shown  itself  fitted  by  location  and  otherwise  to  do  agri- 


112  GENERAL   SCHOOL  LAWS 


cultural  work,  may,  upon  application  to  the  high  school  board 
be  designated  to  maintain  an  agricultural  department. 

§  2.  REQUIREMENTS.]  Each  of  such  schools  shall  employ 
trained  instructors  in  agriculture,  manual  training  and  domestic 
science,  (including  cooking  and  sewing),  and  have  connected 
therewith,  so  long  as  they  shall  enjoy  the  benefits  of  this  act, 
a  tract  of  land  suitable  for  a  school  garden  and  purposes  of 
demonstration,  and  containing  not  less  than  ten  acres  and  located 
within  one  mile  of  school  buildings. 

§  3.  INSTRUCTION  TO  BE  OFFERED.]  Instruction  in  the  indus- 
trial department  herein  provided  shall  be  free  to  all  residents 
of  this  state.  Where  necessary  to  accommodate  a  reasonable 
number  of  boys  and  girls  able  to  attend  only  in  the  winter 
months,  special  classes  shall  be  formed  for  them.  Said  depart- 
ment shall  offer  instruction  in  soils,  crops,  fertilizers,  drainage, 
farm  machinery,  farm  buildings,  breed|S  of  live  stock,  stock 
judging,  animal  diseases  and  remedies,  production,  testing  and 
hauling  of  milk  and  cream,  the  manufacture  of  butter  and  cheese, 
the  growth  of  fruit  and  berries,  management  of  orchards,  mar- 
ket garden  and  vegetable  crops,  cereal  grains,  fine  seeds,  book- 
keeping and  farm  accounts  and  all  other  matters  pertaining  to 
general  practice. 

§  4.  Each  of  said  schools  shall  receive  state  aid  in  the  sum 
of  two  thousand  five  hundred  dollars  and  its  proportionate  share 
of  all  moneys  appropriated  by  the  national  government  for  the 
teaching  of  elementary  or  secondary  agriculture  in  the  public 
or  high  schools  of  this  state,  but  shall  not  participate  in  the 
state  aid  now  being  given  to  the  state  high  schools.  Not  more 
than  five  schools  shall  be  aided  the  first  year  nor  more  than  five 
be  added  to  the  list  every  two  years  thereafter. 

§  5.  APPROPRIATION.]  For  carrying  out  the  provisions  of  this 
.act  there  is  hereby  appropriated  out  of  any  moneys  in  the  state 
treasury  not  otherwise  appropriated:  For  the  ye"ar  ending  June 
30,  1912,  the  sum  of  $12,500.  For  the  year  ending  June  30, 
1913,  the  sum  of  $12,500.  Provided,  that  no  more  than  one 
school  in  any  county  shall  be  added  to  the  list  of  state  schools 
receiving  state  aid  under  this  act  in  any  two  years. 

§  6.  EXTENSION  TO  RURAL  SCHOOLS.]  For  the  purpose  of  ex- 
tending the  teaching  of  agriculture,  home  economies  and  manual 
training  to  pupils  in  rural  schools,  and  for  the  purpose  of  ex- 
tending the  influence  and  supervision  of  state  high  or  graded 
schools  over  rural  schools,  one  or  more  rural  schools  may  be- 
come associated  with  any  state  high  or  graded  school  maintain- 
ing a  department  of  agriculture,  whether  or  not  such  high  or 
graded  school  has  been  designated  by  the  state  agricultural  high 
school  board  to  receive  aid  under  the  provisions  of  this  act. 
Any  such  high  or  graded  school  shall,  for  the  purpose  of  this 
act,  be  known  as  a  central  school. 


STATE    OF   NORTH    DAKOTA  113 

§  7.  How  EFFECTED.]  To  effect  this,  proceedings  shall  be  had 
by  petition  and  election  on  the  part  of  the  rural  school  or  schools 
as  now  provided  by  law  for  the  consolidation  of  school  districts 
and  ballots  to  vote  upon  this  proposition  shall  read: 

To  associate  with  District  No for  the  teaching  of  agri- 
culture and  manual  training.  Yes 

No 

The  district  or  districts  casting  a  majority  vote  upon  the 
approval  of  such  association  by  a  majority  of  the  school  board 
of  the  central  school  become  so  associated  and  the  rural  school 
or  schools  together  with  the  central  school  shall  thereafter  be 

known  as  the  associated  school  of for  the 

teaching  of  agriculture  and  manual  training. 

§  8.  TAXES.  How  LEVIED.]  The  members  of  the  various 
school  boards  of  the  associated  schools  shall  meet  on  the  third 
Monday  in  June  of  each  year  at  the  central  school  building  to 
act  as  a  board  of  review  and  to  examine  into  the  amount  of 
money  expended  in  each  department  of  work  herein  provided 
for  and  to  determine  the  amount  of  tax  which  shall  be  levied  on 
the  associated  rural  school  district  or  districts  for  the  purpose 
of  maintaining  courses  of  instruction  as  provided  in  section  3 
of  this  act  and  for  the  purpose  of  extending  such  instruction 
to  the  pupils  of  the  associated  rural  schools.  Provided,  however, 
that  the  tax  shall  not  be  less  than  one  mill  nor  more  than  four 
mills  in  the  various  rural  school  districts  in  the  association  and 
such  tax  shall  be  in  addition  to  other  general  and  special  school 
taxes  in  such  rural  districts.  The  amount  of  such  tax  shall  be 
certified  by  the  chairman  of  the  meeting  to  the  county  auditor 
to  be  by  him  extended  against  the  property  in  the  respective 
districts  and  when  collected  by  the  county  treasurer,  such  tax 
shall  be  paid  to  the  treasurer  of  the  central  school  who  shall 
furnish  the  board  of  review  full  and  detailed  statement  of  all 
moneys  received  and  expended. 

§  9.  CENTRAL  BOARD.  How  ORGANIZED.]  The  school  board  of 
each  rural  district  associated  with  a  central  school  under  the 
provisions  of  this  act  shall  designate  one  of  its  members  by 
vote  to  act  with  the  school  board  of  the  central  school  in  carry- 
ing out  the  provisions  of  this  act  as  to  the  teaching  of  agricul- 
ture, domestic  economy  and  manual  training  in  such  schools  and 
in  all  matters  pertaining  to  such  instruction  both  in  the  central 
school  and  in  the  associated  rural  schools,  such  member  shall 
have  equal  power  with  the  member  of  the  school  board  of  the 
central  school. 

§  10.  DUTIES  OF  PRINCIPAL.]  The  principal  or  superintendent 
of  the  central  school  shall  have  and  exercise  the  same  authority 
and  supervision  over  the  rural  schools  as  over  the  central  school. 


114  GENERAL  SCHOOL  LAWS 

He  shall  prepare  for  the  associated  rural  schools  a  suitable 
course  of  study  embodying  training  and  instruction  in  agricul- 
ture and  such  subjects  as  are  related  to  farm  life  and  can  be 
successfully  taught  in  rural  schools. 

§  11.  How  TERMINATED.]  The  relationship  and  obligations 
between  the  associated  rural  school  or  schools  and  the  central 
school  may  be  terminated  at  any  annual  school  meeting  by  a 
majority  vote  of  the  associated  districts,  but  not  until  the  cen- 
tral school  has  had  at  least  one  year's  notice  of  the  intention  to 
vote  on  the  question. 

Item  $12,500  for  year  ending  June  30,  1912,  vetoed;  others 
approved,  others  approved  March  18,  1911. 

PARTIAL  VETO. 

Bismarck,  March  18,  1911. 

To  the  Honorable,  the  Secretary  of  State : 

I  file  herewith  house  bill  No.  29,  an  act  to  provide  for  the  es- 
tablishment and  maintenance  of  a  department  of  agriculture, 
manual  training,  and  domestic  economy  in  state  high,  graded 
and  consolidated  schools,  with  my  approval  except  as  to  the  item 
$12,500  for  the  year  ending  June  30,  1912.  This  item  is  vetoed 
for  the  reason  that  the  revenues  of  the  state  have  been  exceeded 
by  the  appropriations. 

JOHN  BURKE, 

Governor. 


CHAPTER  267. 

[S.  B.  No.  10 — Gunderson] 

DUTIES  OF  HIGH  SCHOOL  BOAEDS  AND  INSPECTORS. 
AN  ACT  To  Amend  Sections  1031,  1034,  1035  and  1036  of  the  Revised  Codes 
of  1905,  Relating  to  Education. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota: 

§  1.  Section  1031  of  the  Revised  Codes  of  1905  is  hereby 
amended  to  read  as  follows: 

§  1031.  HIGH  SCHOOL  BOARD.  How  COMPOSED  AND  DUTIES.] 
The  superintendent  of  public  instruction  and  the  president  of 
the  state  university,  and  the  president  of  the  North  Dakota 
agricultural  college,  ex-officio,  one  member  to  be  chosen  from 
among  the  superintendents  of  the  city  schools,  in  which  are 
located  high  schools  of  first  class  and  one  member  (male)  who 
shall  not  be  officially  connected  in  any  manner  with  the  educa- 
tional system  of  the  state,  shall  be  appointed  by  the  governor 


STATE   OP  NORTH   DAKOTA  115 

as  herein  provided,  and  shall  constitute  and  be  called,  "The  State 
High  School  Board,"  and  shall  perform  the  duties  and  have  and 
exercise  the  powers  hereinafter  mentioned. 

One  of  the  members  chosen  from  among  the  superintendents  of 
the  city  schools  of  first-class,  shall  be  appointed  for  a  term  of 
four  years,  and  one  member  chosen  from  among  the  superin- 
tendents of  city  schools  of  first-class  shall  be  appointed  for  a 
term  of  two  years.  The  member  of  the  board  at  large  shall  be 
appointed  for  a  term  of  two  years ;  thereafter,  the  members  shall 
be  appointed  for  a  term  of  four  years  as  provided  by  law  in 
the  case  of  other  state  boards. 

§  2.  Section  1034  of  the  Revised  Codes  of  1905  is  hereby 
amended  to  read  as  follows : 

§  1034.     HIGH  SCHOOL  INSPECTOR.       How  APPOINTED.       WHAT 

SCHOOLS     TO     RECEIVE     STATE     AID.          APPROPRIATION.]  The  ,state 

high  school  board  shall  appoint  a  high  school  inspector,  whose 
term  of  office  shall  be  two  years,  provided,  that  the  inspector 
appointed  in  1911  shall  hold  office  for  two  years  from  July  1, 
1911.  The  salary  of  the  high  school  inspector  shall  be  two 
thousand  dollars  per  annum  payable  monthly,  on  warrant  of  the 
state  auditor,  from  the  general  fund  of  the  state.  The  high 
school  inspector  shall  also  receive  his  actual  and  necessary  ex- 
penses incurred  in  the  discharge  of  his  official  duties,  which 
expenses  shall  be  paid  as  provided  by  law  out  of  the  general 
fund  of  the  state.  He  shall  visit  at  least  once  a  year,  and  care- 
fully inspect  the  instruction,  discipline  and  general  condition 
of  each  high  school  of  the  state  and  make  a  written  report  on 
the  same  immediately;  provided,  that  no  money  shall  be  paid 
in  any  case  until  after  such  report  shall  have  been  received  and 
examined  by  the  board  and  the  work  of  the  school  approved  by 
the  board.  The  said  board  shall  receive  applications  from  such 
schools  for  aid  as  hereinafter  provided,  which  applications  shall 
be  received  and  acted  upon  in  order  of  their  reception.  The 
said  board  shall  apportion  to  each  of  said  schools,  which  shall 
have  fully  complied  with  the  provisions  of  this  article,  and 
whose  application  shall  have  been  approved  by  the  board,  the 
following  sums,  to-wit :  Eight  hundred  dollars  each  year  to  each 
school  maintaining  a  four  years'  high  school  curriculum  and 
doing  four  years'  high  school  work.  The  sum  of  five  hundred 
dollars  each  year  to  each  school  having  a  three  years'  high  school 
curriculum  and  doing  three  years'  high  school  work.  The  sum 
of  three  hundred  dollars  each  year  to  each  school  having  a  two 
years'  high  school  curriculum  and  doing  two  years'  high  school 
work;  provided,  that  the  moneys  so  appropriated  to  any  high 
school  shall  be  used  to  increase  the  efficiency  of  the  high  school 
work;  provided,  that  not  less  than  forty  per  cent  of  the  money 
appropriated  must  be  used  in  any  one  year  for  libraries,  labora- 
tories and  other  apparatus  and  equipment;  provided,  further 


116  GENERAL   SCHOOL  LAWS 

that  the  total  amount  of  apportionment  and  expenses  except  the 
salary  and  expenses  of  the  high  school  inspector,  under  this 
article  shall  not  exceed  forty-five  thousand  dollars  in  one  year. 
The  sum  of  forty-five  thousand  dollars  is  hereby  appropriated 
annually  for  the  purpose  of  this  article,  to  be  paid  out  of  any 
moneys  in  the  state  treasury,  not  otherwise  appropriated,  which 
amount,  or  so  much  thereof  as  may  be  necessary,  shall  be  paid 
upon  the  itemized  vouchers  of  said  board,  duly  certified  and  filed 
with  the  state  auditor;  provided,  however,  that  in  case  the 
amount  appropriated  and  available  under  this  article  for  the 
payment  of  aid  to  such  schools  shall  in  any  year  be  insufficient 
to  apportion  each  of  such  schools  as  are  entitled  thereto,  the  full 
amount  intended  to  be  apportioned  to  the  high  schools  of  the 
various  classes,  then,  in  such  case,  such  amount  as  is  apportioned 
and  available  shall  be  apportioned  pro  rata  among  the  schools 
entitled  thereto. 

§  3.  Section  1035  of  the  Revised  Codes  of  1905  is  hereby 
amended  to  read  as  follows: 

§    1035.      NO  COMPENSATION   FOR  MEMBERS   OF   BOARD.      EXPENSES. 

SALARY  OF  HIGH  SCHOOL  INSPECTOR.]  The  members  of  the  board 
shall  serve  without  compensation,  but  the  actual  and  necessary 
expenses  of  the  board,  salary  and  expenses  of  the  clerk,  of  the 
examiner  and  of  the  readers  of  the  high  school  board  examination 
papers,  shall  be  paid  in  the  same  manner  as  provided  by  law  for 
other  state  officers. 

§  4.  Section  1036  of  the  Revised  Codes  of  1905  is  hereby 
amended  to  read  as  follows: 

§  1036.  DISCRETIONARY  POWERS.]  The  high  school  board  shall 
have  full  discretionary  power  to  consider  and  act  upon  applica- 
tions of  schools  for  state  aid  and  to  prescribe  conditions  upon 
which  said  aid  shall  be  granted,  and  it  shall  be  its  duty  to  accept 
and  aid  such  schools  only  as  will,  in  its  opinion,  if  aided,  efficiently 
perform  the  service  contemplated  by  law.  Provided,  not  more 
than  five  schools  in  any  one  county  shall  have  the  right  to  aid 
under  the  apportionment  of  the  state  high  school  fund  until  all 
other  schools  eligible  under  the  provisions  of  this  act  shall  have 
received  their  proportionate  share  of  such  high  school  aid.  Any 
school  once  accepted  and  continuing  to  comply  with  the  law 
and  regulations  of  the  board  made  in  pursuance  thereof  shall  be 
aided  not  less  than  three  years.  The  board  shall  have  power  to 
establish  any  necessary  and  suitable  rules  and  regulations  relating 
to  examinations,  reports,  acceptance  and  classification  of  schools, 
courses  of  study  and  other  proceedings  under  this  article. 

Approved  March  17,  1911. 


STATE   OF  NORTH   DAKOTA  117 


CHAPTER  264. 

[S.  B.  No.  304— Taleott] 

A  THOROUGH  SYSTEM  OF  INSTRUCTION  IN  SCHOOLS. 
AN  ACT  Requiring  a  more  thorough  and  Comprehensive  System  of  Instruc- 
tion in  All  Common  and  High  Schools  of  this  State,  and  Providing  a 
Penalty  for  the  Violation  Thereof. 

Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota : 

§  1.  WRITING.]  Each  pupil  in  the  common  schools  as  they 
shall  become  sufficiently  advanced  to  pursue  the  same,  shall  be 
required  to  devote  at  least  fifteen  minutes  practice  in  writing 
each  day  during  the  school  year. 

§  2.  COURSE  OF  STUDY  IN  HIGH  SCHOOLS,  SELECTIONS  BY  PUPILS.] 
All  pupils  entering  high  school  shall  select  one  of  the  courses  of 
study  offered  by  said  high  school,  and  no  pupil  shall  be  per- 
mitted to  change  said  course  of  study,  except  by  permission  of  the 
superintendent  of  said  school,  or  upon  request  of  the  parents  or 
guardian  of  said  pupil. 

§  3.  REVIEW  BY  SENIOR  CLASS,  DUTY  OF  SUPERINTENDENT.]  The 
superintendent  shall,  and  it  is  hereby  made  his  duty  to  cause  to 
be  reviewed  by  each  senior  class  during  the  second  semester,  the 
full  and  complete  course  of  study  pursued  by  said  class  in  the 
grammar  grades. 

Approved  Mar.  6,  1911. 


CHAPTER  265. 

[S.  B.  No.  295— Gibbens] 

PROVIDING  FOR  COUNTY  AGRICULTURAL  AND  TRAINING  SCHOOL. 
AN  ACT  Providing  for  the  Establishment  of  County  Agricultural  and  Train- 
ing Schools  and  Their  Joint  Maintenance  by  the  State  and  the  County 
Wherein  Located  and  Providing  for  a  Levy  of  State  Tax  for  the  Raising 
of  Funds  to  Meet  the  State  Share  of  said  Cost  of  Maintenance. 
Be  It  Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota : 

§  1.  "Whenever  in  the  opinion  of  the  citizens  of  any  county  in 
the  state,  it  shall  be  deemed  wise  to  establish  a  county  school 
for  the  purpose  of  giving  instruction  in  agricultural,  domestic 
economy,  manual  training  and  for  training  of  teachers  for  the 
rural  schools  and  a  petition  containing  the  names  of  not  less  than 
three  hundred  freeholders  is  filed  with  the  board  of  county  com- 
missioners, praying  for  the  establishment  of  such  a  school  such 
board  of  county  commissioners  shall  at  its  next  regular  meeting 
consider  such  petition  and  in  case  such  board  of  county  com- 


118  GENERAL   SCHOOL  LAWS 

missioners  decide  in  favor  of  establishing  such  school,  such  board 
of  county  commissioners  shall  submit  the  question  of  establishing 
and  maintaining  such  school  to  the  electors  of  such  county  either 
at  the  next  general  election  or  they  may  order  a  special  election 
for  the  purpose  of  determining  whether  such  county  shall  es- 
tablish such  school.  Such  special  election  shall  be  held  in  the 
manner  and  upon  the  notice  prescribed  by  law  for  other  elec- 
tions ;  but  the  published  and  posted  notices  of  such  election  shall 
state  its  object  and  the  amount  of  money  to  be  appropriated  for 
the  establishing  of  such  school.  If  the  majority  of  all  the  votes 
cast  at  such  general  or  special  election  upon  the  question  of  estab- 
lishing such  school  are  in  favor  of  establishing  such  school,  the 
board  of  county  commissioners  of  such  county  is  hereby  author- 
ized to  appropriate  money  for  the  organization,  equipment  and 
maintenance  of  same  and  to  levy  and  spread  on  the  tax  roll  a 
sufficient  sum  to  carry  into  effect  the  provisions  of  this  act;  but 
such  sum  shall  not  be  less  than  ten  thousand  dollars,  nor  more 
than  twenty  thousand  dollars,  and  not  exceeding  such  sum  as 
may  be  recommended  by  the  board  of  trustees  of  the  county 
agricultural  and  training  school  created  by  this  act,  which  sum 
together  with  any  gift  or  donation  offered  by  any  city  or  village 
desiring  the  location  of  such  school  shall  be  sufficient  to  pur- 
chase a  building  already  constructed  or  to  purchase  material 
or  labor  to  erect  a  new  main  building  and  such  outbuildings  as 
may  be  necessary;  said  sum  may  be  all  levied  in  one  year,  or 
the  board  of  trustees  of  the  county  agricultural  and  training 
school  created  by  this  act  may  issue  and  sell  certificates  of  indebt- 
edness in  an  amount  not  to  exceed  said  sum  plus  any  additional 
amount  required  to  pay  the  interest  that  may  accrue  on  such 
certificates,  which  interest  shall  not  exceed  six  per  cent  per 
annum  and  shall  be  paid  annually.  Such  certificates  shall  be 
paid  in  five  equal  yearly  payments  and  in  case  such  certificates 
are  issued  and  sold,  it  shall  be  the  duty  of  the  county  board  to 
levy  and  spread  upon  the  tax  roll  a  sufficient  sum  to  pay  the 
same  as  they  become  due  together  with  accrued  interest. 

§  2.  After  the  establishment  of  such  a  school  the  board  of 
county  commissioners  are  hereby  empowered  and  directed  to 
levy  and  spread  on  the  tax  roll  a  sufficient  sum  to  pay  one-half 
(%)  of  the  cost  of  maintenance;  it  being  the  intent  of  this  act 
to  establish  schools,  the  yearly  cost  of  maintenance  each  of  which 
is  not  to  exceed  six  thousand  dollars  per  year,  and  of  which  the 
state  shall  pay  one-half  (%)  and  each  of  such  counties  one-half 


§  3.  The  county  treasurer  shall  be  and  shall  act  as  the  treasurer 
of  the  board  of  trustees  and  all  funds  levied  and  collected  for 
the  purpose  of  establishing  and  maintaining  such  a  school  shall 
be  placed  in  his  hands,  the  same  as  all  other  funds  and  shall  be 
paid  out,  on  the  order  of  the  president  of  the  board  of  trustees 
and  countersigned  by  its  secretary. 


STATE   OF   NORTH    DAKOTA  119 

§  4.  There  is  hereby  created  for  any  county  desiring  to  es- 
tablish such  a  school  a  board  consisting  of  five  members  to  be 
known  as  "The  Board  of  Trustees"  of  the  county  agricultural 
and  training  school,  of  which  the  county  superintendent  of 
schools  shall  be  a  member  and  of  which  he  shall  in  all  cases  act 
as  secretary ;  the  other  four  shall  be  appointed  by  the  board  of 
county  commissioners,  two  of  whom  shall  serve  for  the  balance 
of  the  school  year  ending  June  thirtieth,  following  their  appoint- 
ment and  two  shall  serve  until  the  end  of  the  second  school  year 
or  until  their  successors  are  appointed  and  have  qualified.  After 
the  organization  of  such  board  of  trustees  the  terms  of  appoint- 
ment of  the  members  of  such  board  shall  be  for  a  term  of  two 
years,  the  terms  'of  two  members  expiring  at  the  end  of  each 
school  year,  but  no  member  of  the  board  of  county  commission- 
ers shall  be  eligible  to  appointment  on  the  board  of  trustees, 
during  his  term  of  office  as  a  member  of  the  board  of  county 
commissioners.  Vacancies  occurring  in  the  board  of  trustees, 
excepting  in  the  case  of  the  county  superintendent,  shall  also 
be  filled  by  appointment  by  the  board  of  county  commissioners 
within  sixty  days  after  they  occur. 

§  5.  Eaah  person  appointed  a  member  of  the  board  of  trus- 
tees shall  within  ten  days  after  notice  of  such  appointment,  take 
an  oath  to  discharge  his  duties  faithfully,  which  oath  together 
with  a  bond,  in  the  sum  of  two  thousand  dollars,  shall  be  filed 
in  the  office  of  the  county  auditor.  Within  fifteen  days  after  their 
appointment  the  members  shall  meet  and  organize  by  electing 
one  of  their  number  president.  The  members  shall  receive  no 
compensation  except  their  actual  expenses  while  going  to  and 
from  and  while  attending  the  meetings  of  the  board  of  trustees 
and  in  the  necessary  discharge  of  their  official  duties  in  estab- 
lishing, equipping  and  maintaining  the  school.  After  having 
determined  the  amount  of  money  required  to  establish,  equip 
and  maintain  the  school  for  one  year,  the  secretary  shall  make 
a  report  of  the  estimated  amount  required,  to  the  county  audi- 
tor, in  sufficient  time  to  spread  on  the  tax  roll,  but  any  such 
amount  shall  be  subject  to  the  approval  of  the  board  of  county 
commissioners.  Should  the  board  of  county  commissioners  deem 
it  advisable  to  sell  certificates  of  indebtedness  in  lieu  of  making 
a  tax  levy,  it  shall  be  done  as  required  by  section  one  of  this 
act. 

§  6.  There  is  hereby  created  a  state  agricultural  and  train- 
ing school  board  which  shall  consist  of  the  president  of  the  state 
agricultural  college,  the  state  superintendent  of  public  instruc- 
tion and  three  practical  farmers  who  shall  be  appointed  by  the 
governor  of  this  state,  one  of  whom  shall  serve  until  the  end  of 
the  first  school  year,  one  of  whom  shall  serve  until  the  end  of 
the  second  school  year,  and  one  of  whom  shall  serve  until  the 
end  of  the  third  school  year  after  the  organization  of  this  board ; 
it  being  the  intent  of  this  act  after  the  organization  of  this 


120  GENERAL   SCHOOL  LAWS 

board,  that  the  term  of  each  appointed  member  of  this  board 
shall  be  for  three  years  and  no  two  of  whose  term  shall  expire 
in  the  same  year.  The  president  of  the  agricultural  college  shall 
be  president  of  this  board  and  the  superintendent  of  public 
instruction  shall  be  its  secretary.  This  board  shall  meet  at  such 
time  and  place  as  its  president  may  direct  and  shall  prescribe 
the  course  of  study  to  be  pursued  in  the  county  agricultural  and 
training  schools,  which  shall  include,  first  instruction  in  the  ele- 
ments of  agriculture  including  the  study  of  soil,  horticulture 
and  plant  life,  animal  life  on  the  farm,  a  system  of  farm  ac- 
counts, and  manual  training  and  domestic  economy;  second, 
instructions  in  the  common  branches  and  such  other  branches  as 
are  necessary  for  the  training  of  teachers  in  the  rural  schools, 
in  methods  of  school  management  and  provisions  for  observa- 
tion and  practice  in  the  art  of  teaching. 

The  state  board  of  agricultural  and  training  schools  shall  de- 
termine the  qualifications  to  be  required  of  the  principal  and 
other  teachers  in  said  school,  and  the  president  and  secretary  of 
the  said  state  board  shall  each  have  a  vote  in  the  election  of, 
and  fixing  the  salaries  of  the  principals  of  said  schools.  The 
other  teachers  shall  be  elected  by  the  board  of  trustees  of  each 
school  established  under  this  act.  It  is  provided  that  the  course 
of  study  in  the  department  of  agriculture  shall  be  so  framed 
as  to  co-relate  with  the  courses  of  study  in  the  state  agricultural 
college  so  that  students  from  the  county  schools  shall  be  admitted 
without  examination  to  the  next  higher  class  in  the  state  agri- 
cultural college  next  following  that  which  they  have  completed 
in  the  county  school.  The  superintendent  of  public  instruction 
and  the  president  of  the  agricultural  college  shall  visit  and  in- 
spect each  of  said  schools  at  least  once  each  year,  and  make  a 
report  to  the  governor,  relating  to  property  management,  in- 
struction and  efficiency  of  these  schools,  and  make  such  recom- 
mendations as  in  their  judgment  will  further  the  efficiency  and 
usefulness  of  any  or  all  of  such  schools. 

§  7.  After  the  board  of  county  commissioners  have  decided 
to  establish  a  school  it  may  receive  offers  of  location,  as  well  as 
money  from  each  village  or  city  desiring  to  have  a  school  located 
within  or  near  its  boundaries;  such  offers  and  location  shall  be 
examined  and  considered  by  the  board  of  county  commissioners 
after  which  the  board  of  county  commissioners  shall  accept  in 
the  name  of  the  county  such  site  and  money  or  other  valuable 
property  in  aid  of  establishing  a  school  as  in  their  judgment 
may  seem  best,  receiving  to  all  lands  bought  or  donated  for  a 
school  site  a  deed  in  the  name  of  the  county.  The  board  of 
trustees  shall  thereafter  proceed  to  build  such  school  as  soon  as 
all  other  requirements  prescribed  by  the  act  theretofore  neces- 
sary have  been  complied  with. 

§  8.  Any  school  organized  under  the  provisions  of  this  act 
shall  be  free  to  residents  of  the  county  contributing  to  its  sup- 


STATE   OF   NORTH    DAKOTA  121 

port,  but  whenever  students  desire  admission  to  the  school  in 
sufficient  numbers  to  warrant  the  organization  of  special  classes 
for  their  instruction,  such  classes  shall  be  organized  and  con- 
tinue for  such  time  as  the  trustees  may  direct.  The  board  of 
trustees  shall  make  rules  prescribing  the  conditions  under  which 
students  may  enter  who  are  not  residents  of  such  county. 

§  9.  When  a  county  has  determined  as  herein  provided 
to  establish,  equip  and  maintain  a  county  agricultural  and  train- 
ing school,  the  trustees,  shall  through  the  secretary  and  presi- 
dent make  application  to  the  superintendent  of  public  instruc- 
tion for  the  establishment  of  such  a  school.  The  application 
shall  be  accompanied  by  a  certified  statement  from  the  chair- 
man of  the  board  of  county  commissioners,  and  the  county 
auditor,  that  the  necessary  tax  levy  will  be  made  for  the  estab- 
lishment and  maintenance  of  such  school.  Such  application  shall 
be  referred  to  the  state  board  of  agricultural  and  training 
schools,  who  shall  determine  as  to  its  acceptance  or  rejection. 
If  the  application  from  any  county  for  the  establishment  of 
such  school  is  granted  by  them,  and  when  subsequently  all  the 
provisions  of  this  act  are  complied  with  by  the  county  board 
and  board  of  trustees,  the  county  agricultural  and  training  school 
shall  be  considered  as  established  in  and  for  such  county,  and 
shall  upon  its  compliance  with  the  other  provisions  of  this  act 
receive  aid  from  the  state  as  provided  herein. 

§  10.  On  the  first  day  of  July  in  each  year  the  secretary  of 
each  county  agricultural  and  training  school  board  of  each  coun- 
ty maintaining  a  school  on  the  approved  list  shall  report  to  the 
state  superintendent,  setting  forth  th  ef acts  relating  to  the  cost  of 
maintaining  the  school,  the  character  of  the  work  done,  the  number 
and  names  of  teachers  employed  and  such  other  matters  as  may 
be  required  by  the  state  board  of  agricultural  and  training 
schools.  Upon  the  receipt  of  such  report,  if  it  shall  appear  that 
the  school  has  been  maintained  in  a  satisfactory  manner  for  a 
period  of  not  less  than  nine  months  during  the  year  closing  on 
the  thirtieth  day  of  the  preceding  June,  the  superintendent  of 
public  instruction,  as  secretary  of  such  board  shall  make  a  certi- 
ficate to  that  effect  and  file  it  with  the  state  auditor.  Upon 
receiving  such  certificate  the  state  auditor  shall  draw  his  war- 
rant payable  to  the  treasurer  of  the  county  maintaining  such 
school  a  sum  equal  to  one-half  (%)  the  amount  actually  expended 
for  maintaining  such  school  during  the  year;  provided,  that  the 
total  amount  as  apportioned  shall  not  exceed  three  thousand  dol- 
lars in  any  one  year. 

§  11.  Any  person  who  shall  complete  in  a  satisfactory  man- 
ner the  course  of  study  prescribed  for  any  county  agricultural 
and  training  school  and  who  shall  be  of  good  moral  character 
shall  receive  a  certificate  signed  by  the  principal  of  the  school 
and  by  the  members  of  the  county  training  school  board.  Such 
certificate  shall  certify  that  the  person  named  therein  has  sat- 


122  GENERAL   SCHOOL  LAWS 

isfactorily  completed  the  course  of  study  prescribed  for  the 
county  school  and  is  of  good  moral  character;  it  shall  also  con- 
tain a  list  of  the  standings  secured  by  the  person  on  the  com- 
pletion of  such  studies  pursued  in  the  school.  Such  certificates 
shall  have  the  force  and  effect  of  a  second  grade  certificate  issued 
by  -the  county  superintendent  of  the  county  in  which  the  school 
is  located,  for  a  term  of  two  years  from  the  date  of  its  issue ;  pro- 
vided that  in  case  the  holder  thereof  has  never  taught  or  cannot 
furnish  satisfactory  evidence  of  having  successfully  taught  for  at 
least  one  school  year  in  the  public  schools  of  this  state,  said 
certificate  shall  be  of  full  force  and  effect  for  one  year  only  from 
its  date  of  issue.  When  satisfactory  evidence  of  successful 
teaching  for  at  least  one  year  upon  said  training  school  certi- 
ficate shall  be  furnished  to  the  county  superintendent,  said  super- 
intendent shall  remove  the  limitation,  whereupon  the  training 
school  certificate  shall  have  the  full  force  and  effect  of  a  teacher's 
certificate  of  the  second  grade  for  two  additional  years.  Any 
school  superintendent  or  officer  authorized  to  grant  certificates 
to  teachers  in  North  Dakota  is  hereby  authorized  in  his  discre- 
tion to  accept  standings  obtained  by  the  completion  of  studies 
in  any  county  and  agricultural  training  school  in  lieu  of  actual 
examination  by  said  superintendent  or  examiner  at  any  time 
within  three  years  from  the  date  of  the  certificate  of  completion 
of  the  course  by  the  person  desiring  to  have  such  standings  ac- 
cepted. This  provision  shall  apply  to  certificates  of  second 
grade. 

§  12.  The  county  boards  of  two  or  more  adjoining  counties 
may  unite  in  establishing  and  maintaining  agricultural  and 
training  school  for  teachers  for  the  purpose  and  on  the  general 
plan  as  provided  for  in  section  1  of  this  act,  and  may  appropriate 
money  for  its  maintenance,  and  whenever  two  or  more  counties 
unite  in  establishing  such  school  the  county  superintendent  of  the 
county  in  which  the  school  house  is  situated  shall  be  ex-officio 
secretary  of  the  board,  and  the  board  of  trustees  shall  consist  of 
two  members  appointed  from  each  of  the  counties  so  uniting  in 
establishing  and  maintaining  such  school  and  no  member  of  any 
board  of  county  commissioners  shall  be  eligible. 

§  13.  Whenever  two  or  more  counties  unite  in  maintaining 
and  establishing  such  school  the  board  of  trustees  provided  for 
in  such  cases  shall  determine  the  amount  of  money  necessary  for 
the  maintenance  and  equipment  of  the  school  for  the  next  succeed- 
ing year  and  annually  thereafter.  They  shall  apportion  the 
amount  to  be  raised  by  taxation  among  the  counties  in  propor- 
tion to  the  assessed  valuation  of  the  real  and  personal  property 
in  each  county  as  fixed  by  the  state  board  of  equalization  and  shall 
report  to  the  county  auditor  of  each  county  on  or  before  the  first 
Monday  of  May  in  each  year,  the  amount  of  apportionment  so 
fixed,  and  such  apportioned  amount  shall  be  levied  by  the  board 


STATE   OF  NORTH    DAKOTA 


of  county  commissioners  of  each  county  for  the  ensuing  year 
for  the  support  of  such  schools. 

§  14.  The  county  treasurer  of  the  county  in  which  the  school 
is  located  shall  be  ex-officio  treasurer  of  the  agricultural  and 
training  school  board,  and  all  moneys  appropriated  and  expended 
under  the  provisions  of  this  act  shall  be  expended  by  the  board 
of  said  county  training  school  and  shall  be  paid  by  the  said  county 
treasurer  on  orders  drawn  by  the  secretary  and  countersigned 
by  the  president. 

§  15.  For  the  purpose  of  providing  funds  for  the  payment  of 
such  claims  as  the  state  hereby  obligates  itself  to  do  and  the 
warrants  thereon  drawn,  there  is  hereby  created  a  fund  to  be 
known  as  the  state  agricultural  and  training  school  fund. 

§  16.  It  shall  be  the  duty  of  the  state  board  of  equalization 
at  the  time  of  the  levy  of  the  annual  tax  to  estimate  the  amount 
required  to  pay  the  state's  share  of  the  cost  of  maintaining  the 
county  agricultural  and  training  schools  established  under  the 
provisions  of  this  act,  and  to  levy  a  special  tax  of  not  to  exceed 
one-fifth  (1-5)  of  one  mill  on  the  dollar  upon  the  assessed  valua- 
tion of  all  property  in  the  state,  which  tax  when  collected  shall 
be  paid  into  the  hands  of  the  state  treasurer  who  shall  at  once 
enter  the  same  into  the  state  agricultural  and  training  school 
fund.  Said  fund  shall  be  preserved  inviolate  for  the  payment  of 
the  state  claims  provided  herein. 

Approved  March  6,  1911. 


INDEX 


ACCOUNTS—  Section  Page 

County  treasurer  to  keep  with  school  corporations  113 39 

Form  of,  for  district  treasurer  Ill 38 

ACTIONS— 

Brought  in  the   name   of  the   state   301 94 

Compulsory  attendance  law,  for  violation  of 235 74 

District  treasurer  failing  to   pay  over  money   239C 76 

State  's  attorney  to  prosecute  for  non-attendance.... 235 74 

Who   may  institute,   on   school  treasurer's  bond 66 27 

ACTS  LEGALIZED— 

Indebtedness    and    warrants    legalized 308 96 

Must  be  within  debt  limit  309 96 

Pending  actions  not  affected  309 96 

Eefunding  bonds  legalized  308 96 

ACTS  REPEALED— 

Certain  sections  enumerated   310 97 

ADDITIONAL  SCHOOL  TLME— 

When  additional  time  may  be  granted  85 32 

ADJACENT  TERRITORY— 

How   attached   to  common   school   district   39 18 

To  special  district  133 44 

ADVERTISING— 

Proposals    for   building   school    house    230 72 

For  depository  of  school  funds  922 98 

AGE— 

Compulsory  attendance  232 73 

Deaf  and  feeble  minded,  compulsory  attendance 232 73 

Required  for  elementary  certificate 249,  250 77,  78 

For    professional    certificate 251 78 

AGRICULTURAL  SCHOOLS  ESTABLISHED— 

Appropriation   for   agriculture  in   schools   5 112 

For  each  of  five  schools  4 112 

Associated  schools  established  how 7 113 

Central  schools  established  6 112 

Central    board    how    organized    9 113 

Duties  of  principal  of  central  school  10 113 

Course  of  study  for  associated  school  prescribed 10 114 

Extension    of   privilege    to    rural    schools    6 112 

Instruction  offered  in  agricultural  schools  3 112 

Other  subjects  besides  agriculture  6 112 

Partial  veto  of  the  act  114 

Relationship  of  associated  schools  terminated  how.. ..11 114 

Requirements  to  receive  benefits  of  the  act  2 112 

Schools  eligible  to  benefits  of  the  act  1 r Ill 

Taxes  of  associated  schools,   how  levied 8 113 


126  INDEX 

ANNEXATION—  Section  Page 

County  commissioners  may  annex  territory  40 18- 

To  a  special  district  133 44 

APPEALS— 

Applicant  for  certificate  may  appeal,  hew  260 81 

From  decision  of  county  superintendent  29 16 

Practice,   state  superintendent  shall   prescribe    6 12 

State  superintendent   decides  appeals  6 12 

APPORTIONMENT— 

Basis  of,  of  tuition  funds 110.: 37 

County  tuition  fund  by  county  superintendent  118 41 

State  tuition  fund,  by  county  superintendent  27 16 

State   superintendent  apportions   when 103 35 

Withheld  when  ..  ...107,   109 36,  37 

APPROPRIATIONS— 

Educational   commission,   expenses    of 2 106 

Graded  and  rural  schools,  aid  for 12 Ill 

Institute  fund,  state  appropriation   280 

Schools   having   departments   of  .agriculture    5 112 

State  high  school  as  aid  ..1034....  ..  116 

ARBITRATION— 

(See  Board  of  Arbitration) 

Board  constituted  217 67 

Divides  property  of  the  districts  concerned  218 67 

ASSESSORS— 

County  superintendent  to  furnish  maps  25 16 

ASSESSMENTS— 

(See  Taxes) 

ASSOCIATIONS— 

County  teachers'  association  21 15 

State  Association,  proceedings  to  be  published  15 14 

Teachers  may  attend  288 89 

ATTENDANCE— 

Compulsory  age  for  232 

Length  of  time  pupil  must   attend   232 

Penalty  for  failure   to  comply  with   the  law 234 74 

For  failure  of  officer  to  enforce  law  235 74 

Who  are  exempt  from  compulsory  attendance  232 73 

BALLOTS— 

Form  of,   for   election   on    bonds    223 69 

For  formation  of  special  district  126 43 

For  consolidation  of  schools  84 32 

To  divide  and  form  special  district  126 43 

BANKS— 

Designated  as  depositories  923.... 

In  special   districts  168 54 

BIBLE— 

Not  a  sectarian  book,  teacher  may  read 276 86 

BLANKS— 

Distributed   by   county  superintendent    21.... 

Prepared  by  superintendent  of  public  instruction 4 12 


INDEX  127 


BLIND  AND  DEFECTIVE —  Section  Page 

Enumeration  of,  by  school  board  89 33 

BOARD  OF  ADJUSTERS— 

How  composed  and  duties 121 41 

BOARD  OF  ARBITRATION— 

Appointment  of  members  of  board  217 67 

Duties  of  such  board  218 67 

Members  of  the  board  217 67 

Taxes  levied  by,  to  pay  award  218,  219 67 

Collection  of  taxes  so  levied  220 68 

BOARD  OF  EDUCATION— 

(See  Common  School  District  Board) 

(See  topic   under   Special   District,  and  Independent  District) 

BOARD  OF  EDUCATION  IN  CERTAIN  CITIES— 

Arbitration   on  change  of  boundaries   . 211 66 

Board  elected  at  large  205 65 

Elected  at  large  205 65 

Election,  how  conducted  207 65 

Independent  organizations  abolished,  how  209 65 

Old  school  officers  hold  over .'. 210 66 

Relatives  not  eligible  as  teachers  208 65 

Term  of  office  of  board  members  206 65 

BOARD  OF  EXAMINERS— 

(See   State   Board   of  Examiners) 

BOARD   OF  INSPECTION— 

Who  constitutes,  and  duties  of  board  80 30 

BONDS  OF  COMMON  SCHOOL  DISTRICTS— 

Bonds,  denomination  of 224 69 

Building  contracts  let  on  bids  230 72 

Cancelled  bonds  recorded  229 72 

Certificate  of  county  auditor  required  225 70 

County  auditor  may  levy  tax  when  228 72 

Depository  of  sinking  fund 226 71 

How  selected  226 71 

Election  for  issue  of  bonds  222 68 

Ballot  for  election  for  bonds  223 69 

Called  on  petition  only 223 69 

Notice  of  election   on  bonds   223 69 

Not  to  be  resubmitted  in  same  year  223 .-...  69 

Form  of  bonds  225 69 

How  issued   222 68 

Issued  for  previous  indebtedness,  may  be 231 72 

Limit  of  bond  issue 224 69 

Negotiated  how 227 71 

Purpose  of  bond  issue  222 68 

Record  of  bonds  to  be  kept 225 69 

Register  of  bonds  225 70 

Sinking  fund  for  payment  of  bonds 225 70 

Statement  from  district  officers  225 70 

Tax  levy  for  sinking  fund  and  interest  226 70 

Treasurer  exempt  from  liability,  when  226 71 

BONDS— 

Of  special  district  (see  under  Special  District) 

Of  independent  district  (see  under  Independent  District) 


128  INDEX 


BONDS,  OFFICIAL—  Section  Page 

Action  on  school  treasurer's  bond  66 27 

Bank,  must  give  bond  as  depository  923 98 

City  treasurer  as  treasurer  of  independent  district... .196 62 

Contractors,  for  building  must  give  bond  230 72 

School  treasurer's  bond  62 25 

Additional   bond   required  when   63 25 

Surety  bond,  and  premium  how  paid  63i/> 25 

Treasurer  of  special  district  gives  bond  149 49 

Where  bonds  are  filed 66 26 

BOOKS— 

Free  text  books  285 88 

List  for  libraries,  furnished  by  whom  4... 12 

Text  books  approved  by  state  superintendent  285 88 

BOUNDARIES— 

County  commissioners  may  rearrange  43^ 19 

How   changed  43.." 19 

By  annexation  of  part  of  town   40 18 

New  districts  receive  what  boundaries  44 20 

Of  independent  school  districts 180 57 

Of  special  district   how  changed   .  44 

BRANCHES  OF  STUDY— 

(See  Studies) 

CENSUS,  SCHOOL— 

Enumeration,   taken  when  and   how   89 33" 

In  special  district  144 48 

Report  sent  to  whom  ..90 33 

CERTIFICATES— 

Accredited  work  257 80 

Appeal  of  applicants  260 81 

Diplomas   accredited,  state   institutions   254 

Disposition   of   fees   for   examination    ..266 83 

Examination  by  county  superintendent   259 81 

Fees  for  certificates  265 82 

Grades  of  certificates  248 77 

First  grade  elementary  certificate  250 78 

First  grade  professional  certificate   252 78 

Second  grade  elementary  certificate  249 77 

Second  grade  professional  certificate  251 ^....  78 

High  school  diplomas  accredited,  when  258 81 

Issued  by  state  board  of  examiners       247 77 

Other   diplomas  accredited   255 80 

Papers  kept  on  file,  how  long  260 ,....  81 

Permits  issued  when  and  to  whom  256 80 

Pupils  from  agricultural  schools,  standings  of 11 122 

Qualifications  of  teachers  261 81 

Recorded  in  the  office  of  county  superintendent  262 82 

Reexamination  of  papers  when  260 81 

Revoked,  when  263 82 

How  revoked  264 82 

Special  certificates  253 79 

Teacher  must  hold  certificate  to  teach  262 82 

When  revocable  ...                                                            ....263....  82 


INDEX  129 


CHILD  LABOE —  Section  Page 

Age  when  unlawful  to  employ  children  291 90 

Evidence  of  age  furnished  when 292 90 

Certificate  of  employment  what  to  contain 295 92 

Employment  certificate  what  to  contain  295 92 

Issued  on  what  evidence  294 91 

Must  be  exhibited  to  whom   292 90 

Must  be  kept  on  file  292 90 

Who   may  issue   certificates  293 91 

Employments   prohibited   299 93 

Evidence  of  age  furnished  292 91 

Hours  of  labor,  for  employment  of  child ...297 92 

Inspection  of  places  of  work  298 93 

Lists  of  children  employed  must  be  posted 292 91 

Lists  accessible  to  whom  292 91 

Penalty  for  violating  provisions  of  this  act 300 94 

Prosecutions,  how  brought  301 94 

Qualifications  of  the  child  for  certificate  294 92 

School  record  of  child  shall  contain  what  296 92 

CITY  COUNCIL— 

Ordinances  as  to  property  of  independent  district— .204 65 

CITY  TEEASUEEE— 

In  special  districts  is  treasurer  147 49 

Is  treasurer  of  independent  district  196 62 

Moneys  of  district  paid  to,  when  195 61 

CLEEK  OF  SCHOOL  DISTRICT— 
(See  District   Clerk) 

COMMON  SCHOOL  DISTRICT— 

Apportionment  forfeited  when   109 37 

Attached  to  other  district  when  :...39 18 

Bonds,  (see  Bonds  of  Common  School  District) 

Boundaries,  changed  how  : 43 19 

General  changes  43% 19 

Conditions  on   which  organized    38 18 

Consolidated,  when  and  how  84 32 

Contracts  of,  irregular  ratified  47 21 

County  commissioners,  duties  of  43% 19 

County  treasurer,  accounts  with  113 39 

Divided,  when  by  natural  object  39 18 

Division  to  form  special  district 130 43 

Each  district  a  corporation  37 18 

Election  of  officers  48 21 

(See  Election  of  Officers  in  Common  School  Districts) 
Election  on  bonds  (see  Bonds  of  Common  School  District) 

Having  no  school  board,  indebtedness  how  paid 121 41 

Irregularities  legalized  47 21 

May  sue  and  be  sued  37 18 

Name  of  district  42 19 

New  districts,   how  formed   44 20 

In  adjacent  counties  44 20 

Public  notice  how  given  45. 20 

Not  entitled  to  tuition  fund,  when  107,  109 36,  37 

Numbers  of  42 19 

Old   numbers   retained   42 19 

Officers  in  a  new  district  48 21 

Petition   for  organization  38 18 

Plats  prepared  by  county  auditor  46 20 


130  INDEX 


COMMON  SCHOOL  DISTRICT— (Continued)  Section  Page 

Schools  shall  be  free  and  accessible  233 74 

Small  territory  attached  to  adjacent  district  41 19 

Territory  in  two  counties,  how  divided  39 18 

Town  or  village  divided  by  county  line  40 18 

What  constitutes  a  common  school  district  37 18 

What  territory  may  be  organized  into  a  school  dist 38 18 

COMMON  SCHOOL  DISTRICT  BOARD— 

Action  on  treasurer's  bond  66 27 

Additional  branches   of  study  75 29 

Additional  school   time    85 32 

Annual  report  91 

Annual  settlement  with  treasurer  ^....111 38 

Arranges  school  terms  83 31 

Bonds,  may  purchase  outstanding  226 71 

Branches  of  study,  additional  75 29 

Cancellation   of  paid  bonds  229 72 

Census,  shall  take  and  how  taken  89 33 

Clerk  of  school  board  57 24 

Compensation  of  clerk  61 24 

Duties  of  clerk  61 24 

Vacancy  in  office  of  clerk 215 67 

Compensation  of  officers  59 24 

Consolidation  of  schools  84 32 

Contracts,  members  not  to  be  interested  in  239 

Course  of  study,  'and  additional  branches  75 29 

Depositories,  may  designate  921 97 

District  high  school  may  establish  86 32 

Employ  and  dismiss  teachers  72 28 

Equalization  of  indebtedness  217 67 

Establishes  schools  68.... 

Fences,  to  provide  when  .' 98 34 

Fire  escapes,  must  provide  94 34 

Duty  of  what -officers  95 34 

Penalty  for  neglect  of  this  duty  96 ....- 34 

Fixes  length  of  school  term  .*. 83 

Free  text  books,  may  furnish  285 88 

When  and  how  provided  286... 

Funds,  treasurer  pays  out  when  63% 26 

Furniture  and  apparatus,  board  must  provide  70 

General  powers  of  the   board  - —67 

Government  and  discipline,  may  prescribe  rules 74 29 

Grades  salaries  of  teachers  : 72 28 

Hitching  posts,  must  provide  100 35 

Health  and  decency,  duty  in  regard  to  290 90 

How  constituted  ....58.... 

Indebtedness  equalized  217 67 

Kindergarten,  may  establish  when  289 89 

Length  of  school  year  fixed  by  board 83 31 

Library,  make  provision  for  70 27 

Care  of  library  71 

May  appoint  librarian   71 28 

Meetings,  regular  and  special  

New  school  for  remote  pupils  82 31 

Oath  of  office  56 23 

Oath  and  bonds  filed  with  clerk  66.... 

Organization  of  the  board  • 57 

Physical  education,  make  provision  for  278 86 

Powers  of  board,  general  68,  69,  70 27 


INDEX  131 


COMMON  SCHOOL  DISTRICT  BOARD— (Continued)  Section  Page 

President,  duties  of  60 24 

Proposals  for  building  school  house  230 72 

Pupils  from  other  districts,  may  admit  when 73 28 

From  unorganized  territory  73 : 29 

Assigns  and  transfers  pupils  73 29 

Conveying  and  transportation  of  pupils  84 32 

Rules  of  discipline  for  pupils 74 29 

Suspends  and  expels  pupils  for  cause  74 29 

Purchase   of   site   for   school   house   how    81 31 

Quorum   , 58 24 

Records  open  to  inspection  92 34 

Must  be  kept  in  English 93 34 

Remote  pupils,  new  school  for  82 31 

Repairs,  fuel   and  supplies,  to   furnish   69 27 

Report    on   library    facts 71 28 

School  house  site,  how  obtained  81 31 

Area  of  school  house  site  81 31 

School  house  and  site,  new.  how  determined  78 29 

Plans,    how    obtained    79 30 

Special  election,  how  called  79 30 

School  house  used  for  other  purposes  77 29 

Schools  established  for  remote  pupils 82 31 

Speculation  in   office  prohibited   239 75 

Stables  in  rural  districts  100 35 

Tax  levy  made  by  board 76,  115 29,  40 

For  sinking  fund   and  interest   226 70 

Teachers  employ  and  dismiss 72 28 

Grade  salaries  of  72 28 

Text  books  free,  powers  of  board  285 88 

Treasurer,  additional  bond  when  63 25 

Bond   of  treasurer 62.: 25 

Surety  bond  accepted  63^ 25 

Premium  how  paid  63% 26 

Pays  on  warrants   only  63% 26 

Salary  of  treasurer 66% 27 

Report  of  treasurer  Ill 38 

Warrants  endorsed  when 64 26 

Vacancy  in  office  of  treasurer  when  62 25 

Warrants  must  specify  purpose  of  issue  65 26 

Trees,  duty  of  board  to  plant  97 34 

Funds  for  tree  planting 99 35 

Truant  officer,  board  may  employ  when  235 74 

Vacancies  how  filled  214 66 

What  constitutes  the  board  58 24 

COMPULSORY  EDUCATION— 

Age  for  compulsory  attendance  232 73 

County  superintendent  helps  to  enforce  235 74 

Defective  children  sent  where   232 73 

Distance  for  compulsory  attendance  232 73 

Exceptions  in  compulsory  attendance 232 73 

Exempt  for  religious  duty  when   232 74 

Medical  inspection  permitted  236 74 

Penalty   for   neglect    234 74 

Prosecution  for  neglect  235 74 

CONDUCTOR— 

Institute  conductor  appointed  by  whom  280 87 


132  INDEX 


CONSOLIDATED  SCHOOL—  Section  Page 

Defined  84 32 

Entitled  to  additional  state  aid  when  8 109 

CONSOLIDATION  OF  SCHOOLS— 

Arrangements  made  by  school  board  84 32 

Election  to  vote   on   consolidation  84 32 

Conduct  of  election  84 32 

Distance  for  compulsory  attendance  232 73 

CONSTITUTIONAL  PROVISIONS— 

Applying  to   education   and  schools   8  ...  10 

CONTRACTORS— 

Must  give  bond  for  building  230 72 

CONTRACTS— 

Advertise  for  bids  before  letting  230 72 

How  let  by  board  in  special  district  152....  50 

Officers  not  to  be  interested  in  239 75 

In  independent  district  not  interested  in  185 58 

Of  irregular  district  ratified  47 21 

Proposals  for  contract  230....  72 

Teachers',  contract  must   be   in   writing   72 2S 

Is  void  when 262 82 

CONVEYANCE— 

Of  real  estate  in  independent  district  200 64 

CORPORATION— 

Each  district  a  corporation  37 18 

COUNTY  AGRICULTURAL  AND  TRAINING  SCHOOLS— 

Application  to   establish   school  sent  where   9 121 

Statement  to   accompany  application   9 121 

Board  of  trustees  created 4 119 

Appointed  by  county  commissioners  4 119 

Builds  schools  when  7 120 

Consists  of  what  members 4 119 

County  superintendent  a  member  ex-officio  _.4 119 

No  compensation  to  members  5 119 

Oath  of  member  of  board  of  trustees  5 119 

Term  of  office  of  appointed  members  4 : 119 

Vacancies  how  filled  4 119 

Certificate   of   completion  of   course   given   11 121 

Certificate  limited  when  11 122 

Has  value  of  second  grade  certificate  when.. ..'... .11 122 

Certificates  of  indebtedness  may  be  issued  when 1 118 

Cost  of  maintenance  borne  by  county  and  state  2 118 

County   school   how   established   1 117 

Construction  of  buildings  1 118 

Election   to  be   held  ...1 118 

Issue  of  certificate  of  indebtedness  1 118 

Tax  to  be  levied,  and  amount  1 118 

County  treasurer  is  treasurer  of  board  of  trustees 3 118 

Is  treasurer  of  united  school  14 123 

Donations  of  site  and  money  may  be  received  7 120 

Fund   created  by  the  state   15 123 

Levy  for  state  fund  16 123 

Inspection  of  agricultural  schools  '. 6 120 

Levy  for  state  fund  for  agricultural  schools  16 123 


INDEX  133 


COUNTY  AGRICULTURAL  AND  TRAINING  SCHOOLS— (Continued) 

Section  Page 

Qualifications  of  teacherss  in  agricultural  schools C 120 

Keport  of  secretary  to  state  superintendent  10 121 

Schools  free  to  residents  of  the  county  8 120 

Standings  accepted  by  certificating  officers  11 122 

State  agricultural  school  board  constituted  6 119 

Duties  and  officers  of  the  board  6 119 

Two  or  more  counties  may  unite  to  establish  school  ....12 122 

Taxation  for  union  school  13 122 

Treasurer  for  union  school  ^..14 123 

Warrant  for  state  appropriation  drawn  when  10 121 

COUNTY  AUDITOR—      • 

Calculates  levy  of  one-mill  tax  _ 304 95 

Certificate  required  on  bonds  issued  225 70 

Draws  warrant  for  institute  fund  when  279 86 

Extends   levy  of   independent   district   192 60 

Levies  tax  to  pay  bonds  when  228 72 

To  furnish  school  district  plats  4(3 20 

COUNTY  COMMISSIONERS— 

Appoints  trustees  of  agricultural  school  4 119 

Forms  new  school  district  when  44 20 

Hold  election   for  agricultural  school   1 118 

May  establish  agricultural  school  1 118 

Levy  of  tax  for  such  school  2 v 118 

May  rearrange  boundaries  of  school  districts 43 19 

COUNTY  OFFICIALS- 
NO  commission  or  reward,  shall  receive  1 102 

Penalty  for  violation  1 102 

COUNTY  SUPERINTENDENT  OF  SCHOOLS— 

Absence  from  the  county  36 17 

Action  on  district  treasurer's  bond  66 27 

Administer  oaths,  power  to  30 16 

Apportions  the  tuition  funds 27 16 

Application  for  aid  to  rural  and  graded  schools  5 108 

Advises  and  directs  teachers  20 15 

Blanks,  distributes  to  school  officers  21 15 

Calls  election  on  special  district  124 42 

Carries  into  effect  instructions  of  state  supt 21 15 

Certified  statement  of  number  of  schools,  files  282 87 

Compulsory  education,  duties  in  enforcing  235 74 

Convenes  teachers  for  instruction 21 15 

County  superintendents'  meetings,  to  attend  7 12 

Consults  state  superintendent  about  institutes  281 87 

Decides  questions  of  school  law  29 16 

Deputies,  may  appoint  33 17 

Salaries  of  deputies  33 17 

Distributes  blanks  to  school  officers 21 15 

Duties  of   19,    20,    21 14,  15 

Election  of  17 14 

Elections,  duty  in  first  election  in  common  district. ...49 21 

Formation  of  special  district  125,  129 43 

As  to  result  of  election  127 43 

Enumeration  sent  to  whom  90 33 

Examines  teachers  for  certificates  259 81 

Fills  vacancies  in   district  offices  ..                            ....214....                 .  66 


134  INDEX 


COUNTY  SUPEEINTENDENT  OF  SCHOOLS— (Continued) 

Section  Page 

Furnishes  assessors  with  maps  of  districts 25 16 

General   duties    19,    20,    21 14,  15 

Institute  fund,  how  create 279 86 

Statement  of  institute  funds  279 86 

Instructs  officers  in  record  keeping  22 15 

Lists  of  officers  to  be  filed  26 16 

May  organize  teachers'  training  school,  how 281 87 

Medical  inspection,  duty  to  aid  in  236 74 

Meeting  of  superintendents,  to  attend  .". 7 12 

Member  of  board  of  trustees  agricultural  school  4 119 

Mileage  of  superintendent  and  deputies  34 17 

Notify  district  treasurer  of  apportionment  110 37 

Oaths,  may  administer  when  : 30 16 

Office,  stationery,  etc 28 16 

Officers  meetings,  annual  23 15 

For  record  keeping 22 15 

Plats  and  maps  furnished  to  assessors  25 16 

Preserves  documents  24 15 

Qualifications  of  county  superintendent  18 14 

Eecord  of  official  acts  24 • 15 

Eecord  of  visits  20 15 

Report  to  the  state  superintendent  32 

Eeports  delinquent  teachers  when  31 16 

Salary 34 17 

School  law,  decides  questions  of  29 16 

Seal   of   county  superintendent   24 16 

Shall  not  absent  himself  from  the   county  36 17 

Special  districts,  calls  election  to  form  125 43 

Supervises  common  schools 19 14 

Teachers,  advises  20 15 

Convenes    for    instruction    21 15 

Teachers'    institute,    gives   notice    of    273 85 

Te>rm   of   office   17 14 

Vacancies  in  office  filled  by  214 66 

Vacancy  in  office  of,  how  filled  213 66 

Visits   and   inspects    schools   20 14 

Withholds  county  tuition  fund  when  107 37 

COUNTY  TEEASUEEE— 

Acting    district   treasurer  when    62 25 

Is  treasurer  of  county  agricultural  school  3 118 

Keeps   accounts  with"  school   corporations  113 39 

Negotiates  bonds   when  227 71 

Notifies   clerk  when   money   drawn   112 39 

On  equalization  board   when   217 67 

COUESE  OF  STUDY— 

For  common  schools  prescribed  5 12 

CEEDIT    GIVEN— 

For  reading  circle  work 284 

From  agricultural  schools  11 -  121 

On    diplomas    of    higher    institutions    255.... 

On    high    school    diplomas    258 81 

On  normal  diplomas  254 79 

On  standings  of  summer  schools,  etc 257 80 


INDEX  135 

CUKATIVE  ACTS—  Section  Page 

Indebtedness   and   warrants   legalized   308 96 

Previously  organized  districts  declared  legal  ..-— - 47 21 

Eefunding   bonds    legalized    308 96 

DEBT  LIMIT— 

Bonds   and   other  indebtedness   224 69 

Must  not   be   exceeded  by  certain  bonds   309 96 

DEFECTIVES— 

Compulsory  education  of  232 73 

DEPOSITORIES— 

Additional  bond  required  when  923 98 

Approval   of   bond   of   depository  923 

Board   designates   depository   921 97 

Bond   approved  by   district  judge  when   923 98 

Bonds   of    depository    923 98 

Checks,   how   signed   932 100 

Depositories    chosen    how    921 97 

Equal  bids,  duty  of  the  board  924 99 

Equal  balances  in   two   or   more   banks   925 99 

Exceptions  to  the  law  935 101 

Funds  deposited  in  whose   name   929 100 

Funds  to  be  deposited  920 97 

Highest   bid  to  be   accepted    923 98 

How    time    depository   selected   927 99 

Interest    credited    when    931 100 

Limit  of  interest  to  be  paid  928 100 

Minimum   amount   to   require  deposit   935 101 

Monthly  statement  must  be  furnished  by  bank  931 100 

Penalty   for   violation    of   this   law   930 100 

Proposals 'for  deposit  of  funds  922 98 

Treasurer  exempt  from  liability  when  deposit  made  934 101 

Violation   of  law  a  misdemeanor  936 101 

When  bids  not  required   933 100 

When  time   deposits  may  be  made   926 99 

Where  there  is  one  bank  or  no  bank  933 100 

DEPOSITORY  OF  SINKING  FUND— 

How  chosen  and  report  226 71 

DEPOSITORY,  SPECIAL  DISTRICT— 

For   sinking   fund   how   chosen   168 54 

DEPUTIES— 

County  superintendent  may  appoint,  salary  of   33 17 

State    superintendent    may    appoint    16 14 

DISCONTINUANCE— 

Of   school   term,   when    83 31 

DISTRICT   CLERK— 

Appointment  of  by  board 57 24 

Compensation  and    duties    61...... 24 

Duty  as  to  bonds  .' 225,  229 69,  72 

False   reports,   penalty   for   240 76 

Notify  county  auditor  of  tax   levy  76,   116 29,  40 

Notice    of   election    of    officers,    to    give    55 23 

Vacancy    sent    to    whom    214 66 

Post  notice  of  election  ..  ....52....  22 


136  INDEX 


DISTRICT  CLEEK— (Continued)  Section  Page 

Records  open  to  the  public  92 34 

Tax  levy,  notice   to    county  auditor   76 29 

Vacancy,   bow  filled 215 67 

DISTRICT    HIGH    SCHOOL— 

How  established  and   controlled   86 32 

Adjacent  districts  may  join  88 33 

Length   of    term   in  district   high   school    87 32 

DUTIES  OF  TEACHERS— 

Assignment  of  studies  275 85 

Bible,   reading   of    276 86 

Branches  to  be  taught  271. 84 

Certificate,  must   have  268 84 

Certificate    must    be    recorded    262 82 

Certificate,  or  permit  to  whom  granted  261 81 

May  be  revoked  for  cause  263 82 

Contract  must  be  in  writing  72 28- 

When    void    262 82 

Delinquent   teachers   reported   by   whom   31 16 

Examination    for    certificate    259 81 

Dates   of   examination    259 81 

Excused  from  attendance  at  institute  when  273 85 

Grades   pupils 275 85 

Holidays,  what    are    , 270 84 

Humane  treatment  of  animals,  must  teach  272 85- 

Institute   and  training  school,   must  attend  273 85 

Kindergarten  teacher  must   hold  certificate   289 90 

May  suspend  pupil,  duty  in   such  ease  274 85 

Must    hold    certificate    268 84 

Moral   instruction,    must   be   given    277 86 

No    compensation,    when    268 83 

Notice  of  opening  and  closing  school  267 83 

Penalty  for  failure  to  attend  institute   273 85 

Physical  education,  instruction  in  must  be  given  ....278 86 

Qualifications    of    teachers    261 81 

Reexamination  of  papers,  when 260 81 

Register,  what  to  contain  269 84 

Relative  of  the  board  may  teach  when  67 27 

Report  to   county  superintendent  269 84 

School  year  and  school  week  defined  270 84 

Superintendent   of   city  school  supervises  266%.... 83 

Wages   held   back   when    269... 84 

Writing  must  be  taught  1 117" 

EDUCATIONAL  ASSOCIATION— 

Proceedings  to  be  published   ...15.... 

Teachers  and  superintendents  may  attend  

EDUCATIONAL  COMMISSION— 

Commission    created    and   its   personnel   1.... 

Purpose   and  report  of   commission   1 105 

ELECTION  OF  OFFICERS  IN  COMMON  SCHOOL  DISTRICT— 

Canvass    of    votes    54 

Certificate   of   election   • 55 

Conduct    of   election    54 

Election    officers    53 23 

Vacancy,    how    filled    53 23 


INDEX  137 


ELECTION  OF  OFFICERS  IN  COMMON  SCHOOL  DISTRICT— (Contd.) 

Section  Page 

First  election,  called  by  county  superintendent  49 21 

Election   officers,   first    election    49 21 

Notice    of   election    52 22 

Posted  fourteen  days  52 22 

Oath    of    election    officers    53 23 

Oath   of   school   officers    55 23 

Officers  to  be  elected  48 21 

At   first    election 48 21 

Who   may  be    officers   50 22 

Polls   open,   hours   of  election   51 22 

Tie,    how   determined   54 23 

Voters,    who    are    50 22 

ELECTIONS— 

By    secret    ballot    129 9 

Build  or  remove  school  house   79 30 

Certain  cities,  school  officers  how  elected  205 65 

Consolidation   of   schools   84 32 

County   agricultural   schools,  to   establish    1 118 

District  high   school,   to   establish   86 32 

First  election  in  new  district  49 21 

First  officers  in  new  special   district   137 46 

Independent  district,  to  create  177 56 

Officers  of  common  school  district  (see  preceeding  topic) 
Officers  of  independent  school  district 

(See  under  Independent  School  District) 
Officers  of  Special  district 

(See  under  Special  District) 

Question   of  conveying  pupils   84 32 

School   houses  and  sites,   to   determine    829 101 

Special    district,    to    form    124,   127 42,    43 

ELECTION  FOR  BONDS— 

Bonds   of   common   school   district,  to   issue   222 68 

Ballot  for   election   on    bonds   223 69 

Called  only    on    petition    223 69 

Notice  of  election   on  bonds  223 69 

Bonds  for  special   district,  election  for  165 52 

ELIGIBILITY— 

To  hold  office  or  vote  50 22 

EMBEZZLEMENT— 

Use    of   school    funds    is,   when    239B 75 

EMINENT  DOMAIN— 

Exercise  of   for   school  site   81 31 

EMPLOYMENT   CERTIFICATES— 

Contents    of    certificates    295 92 

Must  be  kept  on  file  and  accessible   292 90 

On  what  issued  294 91 

Who   may   issue  293 91 

ENABLING  ACT— 

Provisions    for    education    .  6 


ENGLISH  LANGUAGE— 

Must  be   the  medium  of  instruction   93 34 

Records  must  be  kept  in  93 34 


138  INDEX 


ENUMERATION—  Section  Page 

(See  Census) 

EQUALIZATION  OF  INDEBTEDNESS— 

Arbitration  board  constituted  217 ?...  67 

Maximum  tax  levy  for  equalization  219... 67 

For    all    purposes    221 68 

On  change  of  boundaries   130 43 

Property  to  be   considered  217....  67 

Tax  levied  to  equalize  218 67 

Proceeds  of  tax  turned  over  to  district  220 68 

Special     district     must     equalize     on     change     of 

boundary    130,    133 43,    44 

Special  district  by  special  act  must  equalize  211 66 

EVIDENCE— 

Clerk's   record   or   transcript    is,    when    143 47 

EXAMINATION— 

(See  Certificates) 

EXPENDITURES— 

Must  not  exceed  revenues  (Independent  District)     198 63 

FEEBLE  MINDED— 

Compulsory  education  of  232 73 

Enumeration    of    89 33 

FEES— 

For  teachers'  certificates   265 82 

FINES  AND   PENALTIES— 

Compulsory    attendance,    failure    to    comply    234 74 

Contracts  without  advertising  for  bids  240 76 

County  officer  for  receiving  commission  1 102 

Disturbing    school    '. 241 76 

Embezzlement    of    funds .239B 75 

Failure  to  comply  with  sanitary  orders  2 104 

Failure    to    endorse    unpaid   warrants    239D 76 

Failure  to  install  fire  escapes  96 34 

False   election   returns   238 75 

False    reports    240 76 

Neglect    of   duty    237 • 75 

Removing    school    furniture    77 29 

Speculation  in  office  239 75 

Teacher  not  attending  institute   273 85 

Unlawful  drawing  of  school  money  239A 75 

Unlawful   use    of    school    funds    239B 75 

Violation    of  law  of  depositories 936 101 

Violation    of   sanitary   provisions    6 105 

Willful  disturbance  of  school  241 76 

Without  advertising  for  bids  240 76 

FIRE  ESCAPES— 

Duty   of  what   officers   to   provide   95 34 

Penalty  for  neglect  of  duty  96 34 

Required  on  what  school  houses  94 34 

FLAGS— 

To    be   provided    for    schools   287 89 

When  to  be  displayed  287 89 


INDEX  139 

FREE  KINDERGARTENS—  Section  Page 

}'  be  established  how  ................................................  289  ....................     89 


FREE  PUBLIC  SCHOOLS— 

What  are  ..  ................................  302  ....................     94 

FREE  TEXT  BOOKS— 

Contract  for  what   length   of   time   ............................  285  ....................  88 

How   and    when   furnished    ............................................  286  ....................  89 

May  be  furnished  ............................................................  285  ....................  88 

Price  lists  and  samples  must  be  filed  ........................  285  ....................  88 

FUNDING  INDEBTEDNESS— 

Certain  cases  legalized  ....................................................  308  ....................     96 

GOVERNOR— 

Appoints  members  of  board  of  examiners  ................  243  ....................     76 

Of    high    school    board    ....................................  1031  ....................  114 

Educational   commission  reports   to   ....................  .  ...........  2  ....................  106 

Report   of   board  of    examiners   made    to    ................  246  ....................     77 

Of   state   superintendent   made   to   ....................  12  ....................     13 

HEALTH  AND  DECENCY— 

Duty  of   school   officers   ..................................................  290  ....................     90 

HIGH  SCHOOL  BOARD— 

Appropriation  for  aid  to  high  schools  ....................  1034  ....................  116 

Amount  paid  to  each  school  ......................................  1034  ....................  115 

Application   for   aid   sent   to    board    ........................  1034  ....................  115 

Appropriation    limited    ................................................  1034  ....................  116 

Discretionary  powers  of  the  board  ..........................  1036  ....................  116 

Expenses  of  board,  how  paid  ....................................  1035  ....................  116 

High    school    board,    how    composed    ........................  1031  ....................  114 

Duties    and    term    of    office    ............................  1031  ....................  115 

Powers  of   the  board  ........................................  1036  ....................  116 

Inspector  of  high  schools,   appointed   how   ............  1034  ....................  115 

Duties  of  inspector  ............................................  1034  ....................  115 

Salary   and   expenses   of   inspector   ................  1034  ....................  115 

Members   of  board   receive   no   compensation  ........  1035  ....................  116 

Use   of   aid   from   state   appropriation   ....................  1034  ....................  115 

HIGH  SCHOOL— 

Board  of  education  to  establish  and  maintain  ........  144  ....................     47 

District   (see  District  High  School) 

HITCHING  POSTS— 

School  board  must  provide  ............................................  100  ....................     35 

HOLIDAYS— 

Certain   holidays   to  be  observed  ................................  270  ....................  84 

No  school  to  be  taught  on  ............................................  270  ....................  84 

What    are   holidays  ..........................................................  270  ....................  84 

ILLITERACY— 

Legislature  to  take  steps  to  prevent   ........................  151  ....................     10 

IMPROVEMENT  OF  SCHOOL  GROUNDS— 

Amount  to  be  expended  annually   ...................  k  ............  99  ....................  35 

Fences   constructed   when   ................................................  98  ....................  34 

Tree  planting  .......................  '.  ..............................................  97  ....................  34 


140  INDEX 


INDEBTEDNESS—  Section  Page 

Bonds   to   pay   outstanding   may   be    issued 222 68 

Equalization  of    217 67 

By  board  of   education   130 43 

Indebtedness    declared    legal    308 96 

Bonds  may  be  issued  when  308 96 

Pending    actions    not    affected    309 96 

INDEPENDENT  SCHOOL  DISTRICTS— 

Authority  to  issue  bonds  194 61 

Board  of   education   constituted   181,    184 57,  58 

Election    of    181.. 57 

Conduct   of   election   182 57 

Date   of    election   182 57 

General  powers   of  board   188 59 

May  admit  non-resident  pupils  191 60 

M,ay  sue  and  be  sued  184 58 

Meetings    of    the    board    186 

Organization  of  board  184 58 

Powers  of  the  board  189 60 

Responsibility  of  the  board  185.... 58 

Secretary    of   the    board    187 58 

Vacancies,    how    filled    183 58 

Visiting  schools  190 60 

Bond  of  treasurer  196.... 

Bonds,   may   issue   - 194 61 

Boundaries    of   the    district   ....180.... 

•City  council  to  pass  certain  ordinances  204 64 

Debts   of   old   district  assumed   202 64 

Election  to   create  independent  district   177 56 

Ballots, '  form   of    179 56 

Canvass  of  votes  179 56 

Notice    of    election    178 56 

Election  of  members  of  the  board  181.... 

Expenditures   not   to   exceed   revenues   198.... 

Flags,  to  be  provided  and  displayed   .. 

Free  text  books,  may  furnish,  when  and  how  .. 

Funds,  how  kept  and  paid  out  197 

Health   and  decency,  duty  as  to  :.... 

How  organized  177 56 

Independent  by  special  act  abolished  how 209 

Investment   of  sinking   fund  197%.... 

Kindergarten,    may    establish    289 89 

Name   of   independent   district   180 57 

Penalties  credited  to  board  of  education  204 65 

Property,   title   to    199 63 

Eeal  property,  title  conveyed  how   200 64 

Refusal  of  member  elect  to   serve,   forfeit 203 64 

Eeport   of   treasurer   201 64 

Taxes,  levied  and  collected  192 60 

Tax  limit   193 61 

Text  books,,  free,  may  furnish  285.... 

Treasurer,   who   is   195 61 

Vacancy  in  the  board,  how  filled  183 58 

INDEPENDENT  SCHOOL   ORGANIZATION— 

Formed  by  special  act  may  be  abolished  how  209 65 

INSPECTION— 

Of  school  buildings,  board  of  constituted  how  80 30 


INDEX  141 


INSPECTOR—  Section  Page 

Of  rural  and  graded  schools  6 109 

Of    high    schools 1034 115 

INSTITUTES  AND  ASSOCIATIONS— 

Appropriation   for  state  institute   fund   280 87 

How  to  be  used  280 87 

Conductors    and  assistants    appointed   by  whom   ....280 87 

County   institute    fund   how   created    279,  282 86,    87 

County  supt.,   statement   of   institute   expenses 279 86 

Annual   statement    of    institute    fund    279 86 

Expenses  of  conductors,  etc.,  how  paid  283 88 

Lecturers  and  instructors,  how  appointed  280 87 

Statement  of  number  of  schools  filed  by  whom  282 87 

State  supt.  appoints  officers  of  institutes  280 87 

INSTITUTE  FUND— 

Appropriation    from    the   state    280 87 

Certificate  fees  in  county  fund  279 86 

From  county  general  revenue  fund  282 87 

How  fund  is  used  281,  283 87,    88 

INSTITUTIONS— 

Maintenance   of   303 94 

INTEREST— 

Unpaid  warrants   draw   interest    64 26 

KINDERGARTENS— 

May  be  established,  how  and  when  289 89 

Supported    h-w    289 89 

Teacher    must    hold    certificate    289 89 

LIBRARY— 

Care   of   library   and   report  71 „  28 

List  of  books  furnished  by  state  superintendent  4 12 

School  board  may  appropriate  money  for  library  ....70 27 

MAINTENANCE— 

Of    higher   educational   institutions    303 94 

MAINTAIN  SCHOOL- 
How  long  school  to  be  in  session  83 31 

How  long   for   aid   as  graded  school    3 107 

For   aid   as    rural   school   4 107 

MEDICAL  INSPECTION— 

Provided   for   in   schools    236 74 

MISDEMEANOR— 

Failure  to  endorse  unpaid  warrant  239D 76 

For  county  officer  to  receive  commission  1 102 

Letting  contract   without   bids    242 76 

Unlawful    drawirg   of    school    money    239A 75 

Speculation  in  office   239 75 

Violation  of   depository   law   936 101 

MONEY— 

One-mill    tax,    how    apportioned    305 95 

When   paid   to    institution   treasurer    307 95 

MORALS— 

Instruction   iu   morals   must   be  given   277 86 


142  INDEX 


MORTGAGES —  Section  Page 

Investment    in    by    special    district    168 54 

Satisfaction  of  by  special   district   169 55 

NARCOTICS— 

Nature  and  effects  of  must  be  taught  75,  271 5,    84 

NON-RESIDENT  PUPILS— 

School  board  must  admit  to  schools  73 28 

'Special    district    may    admit    144 48 

NORMAL   SCHOOLS— 

Diplomas    accredited    ....254.... 

NORTH  DAKOTA  EDUCATIONAL  ASSOCIATION— 

Board  may  allow  teachers  to   attend   288 89 

Proceedings  to   be   published  15 14 

Teachers  may  attend  without  loss  of  pay  288 89 

NUMBER  OF  SCHOOLS— 

Statement  of  by  county  superintendent  282 87 

OATH  OF  OFFICE— 

Member  board   of   education    161 52 

Of    election    officers    53 23 

Of    school    director    ....56 23 

OFFICERS— 

Annual  meeting  of  school  officers   23 15 

Of    common   school   district    48 21 

Terms  of  (see  Term  of  Office) 

OFFICIAL  BONDS— 

(See  Bonds,  Official) 

ONE  MILL  TAX— 

Apportioned    how    305.... 

Calculated   by   county    auditor    304.... 

Levied   on  all  property  : 303.... 

PENALTIES— 

(See  Fines  and  Penalties) 

PERMITS— 

Fees  to  be  deposited  when  issued  265. ... 

Granted  to  whom  and  when   256....  80 

PETITIONS— 

For   bonding  common  school   district    

For  formation  of  special  district  124.... 

PHYSIOLOGY   AND  HYGIENE— 

Instruction  to  be  given  in  ....271. 

POLL  TAX— 

County  auditor  to  levy  ....117.... 

PRESIDENT  OF  SCHOOL  BOARD— 

(See  under  Common  School  District  Board) 

PROPERTY— 

Independent  may  take   as  gift  ....199.... 

PROPOSALS— 

For  building  school  house,  on  bids  230.... 


INDEX  143 


PKOSECUTIONS—  Section  Page 

(See  Actions) 

PUBLIC  MORALS— 

To    be    inculcated    by    tea-cher    277 86 

PUPILS— 

B-ard  may  expel  for  cause  74 29 

Graded    by   whom    275 85 

In  high  schools  must  select  course   2 117 

Must    review    certain    subjects    3 117 

Teacher    may    suspend    274 85 

QUALIFICATIONS— 

Of  county  superintendent  and  deputies  18,  33 14,    17 

Of  teachers  for   aided   schools   3,  4 107,    108 

Of   teachers   for   certificates   249,   253 77;    79 

REAL  ESTATE- 
HOW   conveyed  in   special   districts    135 45 

Independent  district,  how  conveyed  200 64 

READING  CIRCLE— 

Board   constituted    284 88 

Credit    for   work    of   284 88 

Maintenance   of   266 83 

REPEAL— 

.      Of    certain   sections    of    old    law    310 97 

Of   sections   on   building   7 105 

REPORTS— 

Board   of   education   of   special   district   144 48 

Board  of   examiners   .246 77 

Census,  reported  to  whom  and  when  89 33 

City    treasurer's    report    201 64 

Clerk  of  school  district  91 33 

County    superintendent    32 16 

Defectives   reported   to   whom    90 33 

Educational    commission    2 106 

Superintendent    of   public    instruction    12^ '....  13 

Teacher's   report    at   close   of   school    269 84 

Treasurer   of   common   school  district   Ill 38 

(see    Treasurer    under    other    districts) 

RURAL  SCHOOL  AID— 

Additional   aid  to   consolidated   schools   8 109 

Advancement  of  schools  from  class  to   class  10 110 

Aid  obtained   by  what   schools   2 106 

Amount  of  apportionment  to  schools   7 109 

Amount  of  appropriation  for  each  class  of  schools  ....12 Ill 

Application  for  aid  made  to  whom  5 108 

Apportionment   to   each    school    7 109 

Conditions    required   of  graded    schools    3 106 

For   rural  .schools    : 4 107 

Consolidated  schools  may  obtain   additional  aid  8 109 

W>hat   are   consolidated   schools   8,   84 r.110,    32 

Inspection  by  superintendent   of  public  instruction. ...6 109 

Inspector   of  rural    and   graded   schools 6 109 

Purpose    of    state    aid    1 106 

Records    kept   by  state    superintendent    9 110 

Report  on  aided  schools  by  state  superintendent  ....11 110 

Schools  entitled  to  aid,  what  are   "2....  ..  106 


144  INDEX 


SALAEY—  Section  Page 

Of    county    superintendent    34 17 

Of    deputies    county    superintendent    33 17 

Eural  and  graded  school   inspector € 109 

High   school  inspector   1034 115 

•State    superintendent    16 14 

Teacher's  salaries  to  be  graded  by  board  72 28 

SCHOOL  BOAED— 

(See  Common  School  District  Board) 

SCHOOL  BONDS— 

(See  Bonds  of   Common   School  District) 

SCHOOL  DISTEICT— 

(See  Common  School  District) 

SCHOOL  FUNDS— 

Accounts,  how   kept   Ill 38 

County  treasurer  keeps   accounts  with   districts   ....113 39 

Collects   school   taxes 114 39 

County   tuition   fund,  apportioned   how   118 41 

Levied  how   117 40 

Withheld  when  107.   109 37 

Deposit  in  depository  releases  treasurer  934 101 

District   funds   controlled   by   treasurer   106 36 

Embezzlement  of  funds,  what  is  239B 75 

Funds  denned 105 •  36 

Funds  kept  separate  104 36 

How   paid    out    63% 26 

Institute   fund,  how   created 279 86 

Appropriation  by  state  for  fund  280 87 

Paid  out  how  and  for  what  281 87 

Investment  (see  sinking  fund  under  different  districts) 

Must  be  deposited  when   (see  Depositories)    935 101 

State   tuition   fund,    apportionment   101 35 

Apportioned   by   county   superintendent   110 37 

Oounty  treasurer  reports  .,. 102 35 

Denned    105 36 

Excess,   how   used   105 36 

Funds   kept   separate    104 36 

How  raised 101 36 

How  used  105 36 

New  districts  entitled  to  tuition  fund  108 37 

Paid  out  by  district  treasurer  106 36 

Eeverts  to   original    fund  when   109 37 

State  auditor,  duty  of  103 35 

Warrants  drawn  on  state  treasurer  103 35 

Unlawful  drawing   of  funds,  penalty  for   239A 75 

When  county  treasurer  pays  district  treasurer  112 39 

Withheld  when   enumeration  not  taken  107 36 

By   county   superintendent   when   107 37 

For    failure    to    maintain    school    : 109 37 

SCHOOL  HOUSES  AND  SITES— 

Approval  of  plans  by  whom  1 103 

Board  of  inspection,  inspects  school  house  when  80 30 

Bonds   for  building   school   house    222 68 

Building  plans  inspected  by  whom  829 101 

Construction    of   school   houses    •- 2 103 

Contracts,  how  let  230 72 


INDEX  145 


SCHOOL  HOUSES  AND  SITES— (Continued)  Section  Page 

Election  to  be  called,  when  79 30 

Grievances  to  be  adjusted  4 104 

House   to   be   kept  clean   ....2 104 

How   determined    78 29 

May  be  used  for  other  purposes  77 29 

Method  of  inspection  of  buildings   4 104 

Plans,   consult  with   whom   829 101 

Approved   by  whom  1 103 

Furnished    by    state    superintendent 79 30 

Must  show  what  2 103 

Prepared  how   and   by   whom   79 30 

Proposals    for   buildings    school    houses    230 72 

Toilet   rooms,  how   constructed  3 104 

Two-thirds  vote  necessary  to  remove  school  house  ..79 30 

Ventilating  flues  and   construction   demanded   5 105 

SCHOOL  MONTH— 

Defined    270 84 

SCHOOL  LANDS— 

Reserved  by  national  government  88 5 

SCHOOL  LAWS— 

To   be  printed   by   state   superintendent    14 13 

SCHOOL  OFFICERS— 

May  be  removed  by  court  216 67 

(see  under  different  districts) 

SCHOOLS— 

Shall  be  free  and  accessible  233 74 

SCHOOL  SITES— 

Bonds  for  purchase  of  222 68 

How  obtained   '. 81,  829 31,    101 

Selected    by   election    79 30 

New  school  for  remote  pupils  82 31 

Reversion  to  original  owner  when  81 31 

SCHOOLS,  PUBLIC— 

Free   public  schools,  what   are   302 94 

Bible,  not  to  be  excluded  from  276 86 

Close  for  teachers'  institute   273 85 

Oourse  of  study  271 84 

Must  be  free  and  accessible  233 74 

Must   be    maintained   how   long   83 31 

To  share  in  funds  109 37 

Willful    disturbance    of,    penalty   for   241 76 

SCHOOL  TAXES— 

(See  Taxes) 

SCHOOL  TERM— 

Increase  on  petition  85 32 

Length,   and  how  fixed   83 31 

Minimum  length  of  term   83 31 

To  share  in  funds  109 37 

Special  districts,  length   of  term  144 47 

When    term    discontinued    .  ....83....  .  31 


146  INDEX 


SCHOOL  TEEASUEER—  Section  Page 

Accounts,  how  kept  Ill 38 

Settlement  when  Ill 38 

Action  on  bond  66 27 

Additional  bond  when  required  63 25 

Bond  of  treasurer 62 25 

Premium  on  63y2 25 

Bonds  of  district  negotiated  how  227 71. 

County  treasurer  to  pay  funds  to  when  112 39 

Deposit  in  depository  releases  from  liability  934 101 

Embezzlement  of  funds,  what  is  239B 75 

Endorsement  of  unpaid  warrants  64 26 

False  reports,  penalty  for  240 76 

Funds,  how  paid  out  63% 26 

Liability  ceases  with  deposit  934 101 

Notice  to  drawee  of  unpaid  warrants  64 26 

Eecords  open  to  the  public  92 34 

Eeports,  form  of,  triplicate  Ill 38 

False  reports,  penalty  for  ..240 76 

Salary  of  treasurer  6C% 27 

Surety  bond 63M>-- 25 

Unlawful  drawing  of  money,  penalty  for  239A 75 

Warrants  unpaid  to  be  endorsed  64 26 

Penalty  for  failure  to  endorse  2S9D 76 

Notice  to  drawee  when  funds  to  pay 64 26 

When  county  treasurer  pays  funds  to  112 39 

SCHOOL  WEEK— 

Defined    ....270 84 

SCHOOL  YEAE— 

Defined    : 270 84 

SEAL— 

Board  of  education,  independent  district  .... • 184.... 

County  superintendent  shall  have   24 16 

Superintendent  of  public  instruction  to  use  11 13 

SECEETAEY— 

Of  board  of  education,  duties  of  143 47 

Board  of   examiners,   who   is   243 76 

Trustees  of  agricultural  school  4 119 

SINKING  FUND— 

Created,   must  be  in  bonded  district   226. ... 

'In  special  district,  created  how  and  when  167 53 

Investment   of   sinking   fund    168 53 

(Also    see   under   different    districts) 

SITES— 

(See  School  Sites) 

SPECIAL  DISTRICTS— 

Adjacent  territory  may  be  attached,  how  133.... 

Becomes  part   of  general  district  when   133.... 

Board  assumes  control  when  153.... 

Board   of   education   and   quorum   138.... 

Compensation  of   members   139 

Clerk,  duties  of   143.... 

Duties  of  the  board  ...144.... 

Election  of  board  members  , 155 51 


IXDEX  147 


SPECIAL  DISTRICTS — (Continued)  Section  Page 

Canvass  of  returns  159 51 

Certificate    of   election    160 52 

Notice   of    election    156 51 

Form  of  notice  157 51 

Officers   of  election   158 51 

Precincts  for  election  158 51 

Flags,    shall    purchase    287 89 

Free  text  books,  may  provide  285 88 

When  and  how  to  provide  free  texts  ....286 89 

Health  and  decency,  duty  of  the  board  290 90 

Kindergarten,  may  be  established,  how  289 89 

Meetings  of  the  board  140 46 

Members  must  not  be  interested  in  contracts  139 46 

Oath  of  office  161 52 

Organization  of  the  board  141 46 

Powers  of  the  board  144 47 

President,   duties   of   142 47 

Teachers  may  attend  educational  association.. 288 89 

Vacancies   on   the   board,  how   filled 162 52 

Bonded  debt  of   old   district,  how  paid  132 44 

Tax    levy    for    payment    131 44 

Bonds  of  special  district,  how  and  when  issued  ....163 52 

Denomination    of    bonds    164 52 

Election  for  issuing  bonds  165 52 

Interest  coupons  170 55 

Issue  of  bonds,  how  governed   175 56 

Levy  for  payment  of  bonds   167 53 

May  be  exchanged  174 56 

Mortgaged   security   satisfied    166 53 

Must  specify  what  purpose  166 53 

Eefunding   bonds    issued   when    173 55 

Eegister   of   bonds   by    clerk    170 55 

Surplus  funds   may  be   transferred   176 56 

Creation  of  a  special  district  123 42 

Conveyance   of   property   135 45 

Constituted   when    128 43 

Debt  limit   of  "the   district   166 53 

Detachment  of  territory  133 44 

Division  of  property  A 130 43 

Election  to  form  district  124 42 

Ballots,  form  of 126 43 

Conduct  of  election 125 43 

Notice   must  be   given   125 43 

Results  announced  127 43 

Establish  kindergarten,  when  and  how  289 89 

Expenditures  on  written  contract  152 50 

Excess  of  $500  must  be  on  bids  152 50 

First  election   of  officers  129 43 

Flags,   to   provide    287 89 

Free  text  books,  when  and  how  285 88 

How  organized  136 45 

Election  of  first  board  137 46 

Investment   of   sinking   fund   168 53 

May  become  part  of  general  district  154 50 

Name   of  corporation 134 45 

Petition  for  organizing  special  district   124 42 

Portion  of  district  may  become  special  district  123 42 

Supervision    of   school   by   whom   145....                 .  48 


148  INDEX 


SCHOOL  DISTRICTS— (Continued)  Section  Page 

Territory  outside   may  be  included  123 42 

Tax,    annual   levy    151 49 

Taxable  property  150 49 

Treasurer,  who   is   147 49 

Bond   of  treasurer  149 49 

Custodian  of  funds  146 48 

Duties    of    treasurer   148 49 

Vacancy  in  board   of  education,   how  filled  162 52 

What  cities  may  become  special  districts  122 42 

SPECULATION— 

Receiving  commissions  forbidden  1 102 

STABLES— 

In  rural  districts,  provided  when  100 35 

STATE  AUDITOR— 

Institute  find,  warrants  on  281 87 

Tuition  fund,  duties  as  to  103 35 

STATE  BOARD  OF  EXAMINERS— 

Annual  report  of  246 77 

Appointed    by  the    governor    243 70 

Compensation  of  board  members .*. 245 77 

Duties  of  the  board  247 77 

Constituted    243 76 

Expenses    of    the    board    -245 77 

Kindergarten  teachers,  examination  of  289 90 

Meetings  of  the  board  244 77 

Organization  of  the  board  244 77 

Reading  circle  board  ex-officio   284 88 

Shall  constitute  the  reading  circle  board  284 88 

Shall  deposit  fees  with  the  state  treasurer  266 

Standings  from  agricultural  school,  accept  11 122 

STATE  HIGH  SCHOOL  BOARD— 

(See  High  School  Board) 

STATEMENT— 

Of  number  of  schools  for  institute  fund ..282 87 

STATE  PROFESSIONAL  CERTIFICATE— 

Issued  for  life  252 78 

For  five  years  251 78 

STATE'S  ATTORNEY— 

Prosecutes  violation  of  compulsory  law  235 74 

STATE  TREASURER— 

Institute  funds  paid  on  his  warrants  281 87 

STATE  TUITION  FUNDS— 

(•See  School  Funds) 

STIMULANTS— 

(See  Narcotics) 

STUDIES— 

Additional  studies  determined  by  school  board  75 29 

Assigned  by  the  teacher  275 85 

Certain  to  be  reviewed  in  senior  year  ..'. 3 117 

Required    for    certificates 249—253 78,  79 

To  be  taught  in  common  schools  271 84 


INDEX  149 


SUPERINTENDENT  OF  CITY  SCHOOLS—  Section  Page 

Board   may   appoint    144 48 

May  issue  employment   certificates   293 91 

Must  'have   certain   studies   reviewed   3 117 

Not  controlled  by  county  superintendent  19 14 

Shall  report  recommendations  to  board  266% 83 

Supervision  of  the  schools  of  the  city  145 48 

SUPERINTENDENT   OF  PUBLIC  INSTRUCTION— 

Advise   boards    of    education   6 12 

Appeals  from   county  superintendent,   decides  6 12 

Appeals,  shall  file  records  10 13 

Appoints  institute  conductors,  instructors,  etc 280 87 

Approves  account  institute  conductor's  expenses... .281 87 

Approves  plans  for  school  houses  1 103 

Assistants  in   office,    may   appoint   16 14 

Attends    teachers'    institutes   9 13 

Biennial  report,  shall  make  -^ 12 13 

Shall  print   and    distribute  report    13 13 

Board  of  agricultural  schools,  is  secretary  of 6 120 

Board  of  examiners,  is  secretary  of  243 76 

Books  and  documents,  shall  preserve  2 11 

County  superintendents  meetings,   to  call   7 12 

County  superintendents,  shall  advise    6 12 

Course  of  study,  shall  prescribe  5 12 

Educational  association,  publish  proceedings  15 14 

Election   of    1 11 

General    duties    9 13 

General  supervision  of  public  schools  2 13 

High  school  board,  member  of  1031 114 

Inspection  of  county  agricultural  schools,  duty  6 120 

Of  rural  and  graded  schools   6 109 

Institutes,    appoints    conductors,    etc 280 87 

Assists  at  institutes  9 13 

Course  of  instruction  for,  prescribes  8 12 

Rules  for  institutes  and  training  schools  8 12 

List    of   publications,   to   furnish    4 12 

Member  of  certain  boards  3 12 

Qualifications  of  1 11 

Rules  for  teachers'  institutes,  shall  prescribe 8 12 

Record  of  official  acts,  shall  keep  10 13 

Reports  on  rural  and  graded  schools  aided  11 110 

Salary   of   state    superintendent   16 14 

Sample  copy  of  text  books  sent  to 285 88 

School  laws  printed  and  distributed  when  ' 14 13 

Seal,  shall  have  11 13 

Shall   preserve    documents    2 11 

Supplies  and  blanks,   shall   furnish   4 12 

Term  of  office  1 11 

Text  books,  approved  and  lists  furnished  285 88 

Traveling  expenses   16 14 

Vacancy,   how  filled 212 66 

SUPPLIES— 

Blanks,  etc.,  fumis/hed  by  state  superintendent  4 12 

SUSPENSION  OF  PUPILS—, 

By   school   board   74 29 

Teacher  may  suspend  274 85 


150  INDEX 


TAXES —  Section  Page 

Annual  school  tax  r 115 40 

Collections  certified  to  county  superintendent  118 41 

County   agricultural    schools,   tax   for    2 118 

Sta.te   levy   for   support   16 123 

Delinquent  taxes  apportioned  119 41 

Equalization  of  debts,  maximum  levy  219 68 

How  and  when  collected  114 39 

In  districts  having  no  school  board  121 41 

Levy,  how  made  76,  115 29,    40 

Of   county  tuition   tax  117 40 

How    made   and   when    115 49 

To    pay  judgment    116 40 

Maximum    levy    .*. 120 41 

One-mill  tax  levied  303 94 

How  apportioned  305 95 

Tax  to  equalize  indebtedness  219 68 

Uniform,   taxes  must   be   120 41 

TEACHERS— 

Eelatives   of  board  eligible   when   67 27 

In  certain  cities  208 65 

(See  Duties  of  Teachers) 

TEACHERS  COLLEGE— 

Diplomas   of,   accredited    254 79 

TEACHERS'  INSTITUTE— 

(See  Institutes  and  Associations) 

Rules  for  by  state  superintendent  8 12 

State  superintendent  to  attend  9 13 

TEACHERS'  READING  CIRCLE— 
(See  Reading  Circle) 

TEACHERS'  TRAINING  SCHOOL— 

County  funds  appropriated  how  282 87 

Counties  may  unite  for  281 87 

Rules  for  by  state  superintendent  8 12 

Teachers  may  attend  273 85 

(Also  see  institutes  and  Associations) 

TERM— 

Of  office,   clerk  of  school   district 57.... 

County  superintendent    of  schools   17 14 

Director,   three   years 48.... 

State  superintendent  .'. M 

Treasurer  of  school  district  48 21 

Of  school  (see  School  Term) 

TERRITORY— 

Adjacent^   how   attached   133 44 

Divided  when  39.... 

By  natural  obstacle  41 

To  form  special  district   128 

In  two  counties   39 18 

New  district  may  include  what  44 

Wh'at  may  be  organized  38 18 

TEXT  BOOKS— 

(See  Free  Text  Books) 

May  be  furnished  by  district  285 88 

Must  be  approved  285 88 


INDEX  151 


TITLE—                                                                                           Section                 Page 
How  acquired  81 31 

TOWNSHIP— 

Fractional  township  may  be  annexed  41 19 

TRAINING  SCHOOL— 

(See  Teachers'  Training  School) 

TRANSPORTATION— 

Distance  to  make  transportation  mandatory  232 73 

Furnished  by  district  when  84 32 

TRAVELING  EXPENSES— 

Board   of   examiners    245 77 

County  agricultural  sc'hool  board  of  trustees 5 119 

County  superintendent  (see  Mileage) 

Educational    commission    2 106 

High    school   board    1035 116 

High  school  inspector  1034 115 

Rural  and  graded  school  inspector  6 109 

TREASURER— 

(See  School  District  Treasurer) 
(See  State  Treasurer) 

TRUANT  OFFICER— 

May  be  employed  in  what  districts  235 74 

TUITION  FUND— 

(See  School  Funds) 

TWO  AND  A  HALF  MILES— 

Limit  for  organizing  school  and  compelling  attendance  

* 82 31 

UNITED  STATES  FLAG— 

(See  Flpgs) 
Provided  and  displayed  when  287 89 

VACANCIES— 

Board  of  education  of  special  districts  162 52 

Of  independent  districts   183 58 

Board  of  trustees  agricultural  schools  4 119 

County  superintendent   213 66 

Director  of  common  school  district   214 66 

Election  board   53 23 

Failure  to  give  bond 149 49 

Treasurer  of  independent  district  197 62 

School   clerk    215 67 

School  treasurer  , 214 66 

Superintendent  of  public  instruction 212 66 

When  there  is  a  vacancy  216 67 

VOTERS— 

Who  are  voters  50 22 

WARRANTS— 

Money  paid  only  on  proper  warrants  , 148 49 

No  money  paid  except  on  proper  warrant  .63% 26 

Notice   to    drawee    of    sufficient   funds    64 26 

Only  for  prior  indebtedness  65 26 

Penialtv,  failure  to   endorse  unpaid  239D 76 

Unpaid   bear  interest Q4....\ 26 

To  be  endorsed  64 26 

What  to   specify   65 26 


152  INDEX 


WATEE  CLOSETS—                                                                    Section                 Page 
School  board  must  provide  290 90 

WEEK— 

School  week  defined  270 84 

WOMEN— 

Are  voters  when  128 9 

WEITING— 

Must  be  taught  in  all  schools   1 117 

YEAE— 

School  year  defined  270 84 


EEEATA 

Page   33,   section  90,   last   line   should   read   "clerk"   instead   of    "court 
clerk." 


